ORL-2.2
A cloud or hosting provider forking and modifying it, under ORL 2.2
Offers managed services to third parties as its primary business. 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, 8.3
Who and what
The situation being resolved.
Actor
A cloud or hosting provider
Offers managed services to third parties as its primary business.
over 2M USD
Situation
Forking and modifying it
Changing the Work and distributing your version.
Rulings
3 questions resolved against the text.
Which tier applies?
Canopy. Offers managed services to third parties as its primary business. 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 notice, licence reference, governing version, and attribution records under Section 8.1. Section 8.3 also requires a discoverable identification of altered portions.
Sections 8.1, 8.3
Same actor
Other situations for this party.
Non-normative. Where this and the licence text disagree, the licence text applies.