ORD-2.2
A reseller or systems integrator forking and modifying it, under ORD 2.2
Packages and resells software built by others. Changing the Work and distributing your version. 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, 3.1, 5.1, 5.2, 8.1, 8.2
Who and what
The situation being resolved.
Actor
A reseller or systems integrator
Packages and resells software built by others.
varies
Situation
Forking and modifying it
Changing the Work and distributing your version.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Packages and resells software built by others. 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
What travels with a fork?
Retain the supplied provenance record under Section 8.1 and append a traceable record of your transformations under Section 8.2.
Sections 8.1, 8.2
Cautions
What this situation gets wrong most often.
Section 1.7 excludes an entity acting as a reseller or intermediary for a Legal Entity above the threshold from the Root tier, even where its own revenue is small.
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.