ORM-2.2
A cloud or hosting provider combining it with other licences, under ORM 2.2
Offers managed services to third parties as its primary business. Mixing the Work with GPL, Apache, MIT, or proprietary code. 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, 6.1, 7.1
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
Combining it with other licences
Mixing the Work with GPL, Apache, MIT, or proprietary code.
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
Can this be combined with copyleft?
Not with GPL or AGPL for a combined derivative work. Those licences forbid additional restrictions, and the royalty, Compute clause, and competing-offering restriction are additional restrictions. There is no automatic conversion that makes this disappear for current releases.
Sections 5.1, 6.1, 7.1
Cautions
What this situation gets wrong most often.
Section 8.3 forbids imposing a user ceiling, a regional exclusion, or an output-training restriction downstream where this licence imposes none. That prohibition is the point of the instrument.
Same actor
Other situations for this party.
Non-normative. Where this and the licence text disagree, the licence text applies.