ORL-2.2
A nonprofit or NGO porting it, under ORL 2.2
Charitable or public-benefit organisation, any size. Commercializing a port whose value still derives substantially from the Work. This resolves to the Root tier.
Tier
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 nonprofit or NGO
Charitable or public-benefit organisation, any size.
any
Situation
Porting it
Commercializing a port whose value still derives substantially from the Work.
Rulings
4 questions resolved against the text.
Which tier applies?
Root. Charitable or public-benefit organisation, any size. 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
Is anything owed?
Nothing. No fee, no report, no filing.
Sections 2.1
Does this count as Production Use?
Yes. Commercializing a port whose value still derives substantially from the Work. 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
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.
Same actor
Other situations for this party.
Non-normative. Where this and the licence text disagree, the licence text applies.