Hi,
I'm afraid we're not really able to give legal or licensing advice on this mailing list....
It likely comes down to your interpretation of section 13 - Remote Network Interaction but also the intended spirit of the document as a whole.
I've heard strong cases made either way, but case law is hardly extensive.
We've scoped out a number of projects for things like trial management before, and found them a good fit for Opal.
(Of course I have no idea about your specific requirements in detail.)
In general, for things like trial management systems, I'd advocate for their being open source regardless of whether you were legally obligated!
As far as I'm concerned, radical transparency is something that is not only philosophically aligned with EBM, but also sorely needed in 'Trials as they play out in practice'.
Best
David Miller