OpenRoots

ORD-2.2

A government body reselling it, under ORD 2.2

Public sector at any level, national through municipal. Charging for the Work itself or a lightly modified substitute. This resolves to the Root tier.

Tier

Root

Owed

Nothing. No fee, no report, no filing.

Sections in play

1.13, 1.7, 1.9, 2.1, 2.2, 4.1, 4.2, 4.3

Who and what

The situation being resolved.

Actor

A government body

Public sector at any level, national through municipal.

any

Situation

Reselling it

Charging for the Work itself or a lightly modified substitute.

Rulings

4 questions resolved against the text.

clear

Which tier applies?

Root. Public sector at any level, national through municipal. Below $20,000,000 in trailing revenue, or within an exempt category, no Canopy royalty applies. Sections 4, 6, 8, and 10 still bind every Licensee.

Sections 1.7, 2.1, 2.2

clear

Is anything owed?

Nothing. No fee, no report, no filing.

Sections 2.1

clear

Does this count as Production Use?

Yes. Charging for the Work itself or a lightly modified substitute. Section 1.9 covers internal operation at operating scope and systems made available externally to customers or the public. Development, testing, evaluation, research, and personal non-revenue use remain outside it.

Sections 1.9

conditional

Is this a Competing Offering?

Yes if the value derives entirely or substantially from the Work itself. Section 4 applies to every Licensee, including Root. A larger independent product remains allowed, but selling, porting, repackaging, hosting, or redistributing the Work as the product requires a separate written agreement.

Sections 1.13, 4.1, 4.2, 4.3

Cautions

What this situation gets wrong most often.

  • Revenue is measured across entities under common control, per Section 1.4. A parent company above the threshold makes its subsidiary a Canopy Licensee regardless of that subsidiary's own turnover.

  • 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.