ORM-2.2
A cloud or hosting provider checking licence continuity, under ORM 2.2
Offers managed services to third parties as its primary business. You need to know whether a release ever changes licence by time alone. 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, 7.1, 7.2, 7.3
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
Checking licence continuity
You need to know whether a release ever changes licence by time alone.
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
Does the licence change by time alone?
No. Section 7 states that current releases do not convert automatically to Apache, MIT, Creative Commons, or any other fallback licence. A later version can apply to future releases only according to Section 16.
Sections 7.1, 7.2, 7.3
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.