Unless the definition of "non-proprietary" is really
unorthodox/counterintuitive, this regulation basically requires making
publications available in a DRM-free ePub format. A publisher could sabotage
this by using a weird format and a free DRM, but that would be pretty obvious
(like publishing in HyperCard).
Other than ePub, the living eBook formats, all are proprietary (PDF coming
closest as an alternative); there are free legacy formats (XML, HTML, OEBPS,
ODP...) and a few cult formats, but they're rarely found in the wild. Amazon's
Kindle doesn't support ePub so ePub is often used as the source for conversion
to an eReader-supported proprietary format.
The ePub format *does* support DRM, but the DRM schemes in use are proprietary
and there's little (if any) inter-compatibilty. Amazon & Apple DRMs are
restricted to their own markets, and Adobe's DRM would make it impossible to
read an ePub on most devices (or convert it to Kindle). I'm sure it's possible
to come up with a non-proprietary DRM for ePub, but it would probably make the
document unreadable on any eReader.
/AFAIK
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