ORD-2.2
A scale-up above the threshold the licensor disappears, under ORD 2.2
Past the threshold on trailing revenue, now a Canopy Licensee. The maintainer stops publishing, is acquired, or becomes insolvent. 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, 7.2
Who and what
The situation being resolved.
Actor
A scale-up above the threshold
Past the threshold on trailing revenue, now a Canopy Licensee.
20M to 100M USD
Situation
The Licensor disappears
The maintainer stops publishing, is acquired, or becomes insolvent.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Past the threshold on trailing revenue, now a Canopy Licensee. 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 if the Licensor is gone?
Nothing changes by time alone. Your rights remain the rights in the version you received, and no fallback licence appears because the Licensor disappeared. The public canonical text and digest are what you rely on.
Sections 7.2
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.