ORD-2.2
An AI model provider naming the project publicly, under ORD 2.2
Trains, fine-tunes, or serves machine learning models commercially. Saying your product is built on or compatible with the Work. This resolves to the Canopy tier.
Tier
Owed
A quarterly Canopy Report. Section 5.1 imposes a royalty only when the Canopy Licensee makes Production Use.
Sections in play
1.8, 11.1, 11.2, 3.1, 5.1, 5.2, 8.1
Who and what
The situation being resolved.
Actor
An AI model provider
Trains, fine-tunes, or serves machine learning models commercially.
over 2M USD
Situation
Naming the project publicly
Saying your product is built on or compatible with the Work.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Trains, fine-tunes, or serves machine learning models commercially. Section 5.2 reporting applies; the Section 5.1 royalty attaches when the Licensee makes Production Use and only to attributable revenue.
Sections 1.8, 3.1, 5.1
Is anything owed?
A quarterly Canopy Report. Section 5.1 imposes a royalty only when the Canopy Licensee makes Production Use.
Sections 5.1, 5.2
May you say what you built on?
Yes, irrevocably, provided you are current on Section 5. Section 11.2 guarantees nominative fair use, and that right cannot be revoked, fee-gated, or used as leverage against a paying licensee.
Sections 11.1, 11.2, 8.1
Cautions
What this situation gets wrong most often.
Section 8.3 of ORD requires a withdrawal of consent to propagate to any derivative you have distributed. Whether that is operationally achievable at depth is a published open question.
Same actor
Other situations for this party.
Non-normative. Where this and the licence text disagree, the licence text applies.