[License-review] Request for OSI Approval: Tiwaz License, version 1.0 (New License)
Loncothad
me at loncothad.cc
Mon May 26 22:57:37 UTC 2025
Dear OSI License Review Board,
I am writing to request the review and approval of the "Tiwaz License, version 1.0" as a new Open Source Initiative (OSI) approved license. I believe this license aligns with the Open Source Definition and offers a valuable option for the open source community.
This license comes as a stricter and disambiguated version of the "Mozilla Public License Version 2.0". More info on that in the README of the main repository of the "Tiwaz License, version 1.0" - https://github.com/tiwaz-license/version-1.0/blob/draft/README.md.
I am contacting you on behalf of the Tiwaz Project as the owner of the domain (https://tiwaz.fyi/, currently empty website) and the GitHub organization (https://github.com/tiwaz-license/).
1. License Name:
Tiwaz License, version 1.0
2. License Text:
The full license text can be found at https://raw.githubusercontent.com/tiwaz-license/version-1.0/refs/heads/draft/LICENSE.txt. I'm also attaching it as a LICENSE.txt file in the attachments.
3. Affirmation of Compliance with the Open Source Definition (OSD):
The Tiwaz License, version 1.0 complies with the Open Source Definition, as its progenitor, the Mozilla Public License Version 2.0, does.
* It meets OSD 3 (Derived Works): The license explicitly permits modifications and derived works. Section 2.1 grants the right to "modify... its Contributions." Section 3.1 mandates that any distribution of Covered Software, including "Modifications that You create or to which You contribute, must be under the terms of this License." Section 3.2 ensures that if an Executable Form is distributed, its Source Code Form remains available under this License and that terms for the Executable Form do not limit rights to the Source Code Form.
* It meets OSD 5 (No Discrimination Against Persons or Groups): The license grants rights universally. The term "You" (Section 1) applies to "an individual or a legal entity exercising rights under this License" without any discrimination based on personal or group characteristics.
* It meets OSD 6 (No Discrimination Against Fields of Endeavor): The license does not restrict the use of the software in any specific field. Section 2.1 grants broad rights to "use... and otherwise exploit its Contributions" for any purpose.
* It meets OSD 9 (License Must Not Restrict Other Software): The license does not impose restrictions on other software distributed alongside it. Section 3.3 allows You to "create and distribute a Larger Work under terms of Your choice," provided You comply with the Tiwaz License requirements for the "Covered Software" component. A "Larger Work" (Section 1) explicitly combines Covered Software with "other material... that is not Covered Software."
4. Projects Currently Using the License
None as it was created just now because of the drawbacks of the MPL.
5. License Steward and Submitter Details:
5.1. License Steward
5.1.1. Name: Tiwaz Project
5.1.2. Contact: contact at tiwaz.fyi or https://github.com/tiwaz-license
5.2. Submitter
5.2.1. Name: Sviatoslav
5.2.2. Email: me at loncothad.cc
5.2.3. Affilation: None
5.2.4. Relationship to Steward: Author of the license
6. Additional Information for License Review
The primary motivation for this license is to provide a clear, disambiguated, and version-immutable option for developers, drawing from the robust structure of MPL 2.0 but with distinct policy choices.
7. Unique Identifiers
As a new license, it does not yet have an assigned SPDX identifier or a ScanCode identifier. I would be happy to work with SPDX to obtain an identifier upon OSI approval.
8. Gap Filled by the New License:
The Tiwaz License, version 1.0 aims to fill a specific niche for developers seeking:
* A modern, file-level copyleft license with explicit patent grants and a defensive termination clause, similar in structure to the MPL 2.0.
* Strict version immutability: Unlike licenses that allow distribution under "this version or any later version," (MPL 2.0 allows it too) the Tiwaz License 1.0 (Section 10.2) mandates that software licensed under it must always be distributed under that exact version. This provides absolute predictability of terms for a given piece of software over its entire lifecycle, which some developers and organizations find crucial.
* Simplicity through omission of direct GPL-family compatibility mechanisms: Unlike MPL 2.0, the Tiwaz License 1.0 intentionally omits the "Secondary License" framework. This simplifies the license text and its direct application, creating a different compatibility profile. While Larger Works can still incorporate Tiwaz-licensed code alongside GPL-licensed code (as separate components), the Tiwaz-licensed files themselves do not have a direct path to be relicensed under GPL terms via the license itself.
9. Comparison with Similar OSI-Approved Licenses:
The most similar OSI-approved license is the Mozilla Public License Version 2.0, which is the progenitor to this license.
Key differences:
* Version immutability: Tiwaz License 1.0 mandates distribution only under the originally received version. MPL 2.0 (Section 10.2) permits distribution under the original version or any later version published by the steward. This is the most significant policy difference.
* Tiwaz License 1.0 does not include definitions for "Secondary License" or "Incompatible With Secondary Licenses," nor the associated provisions found in MPL 2.0 (e.g., MPL 2.0 Section 3.3, Exhibit B) that allow MPL 2.0 covered code to be distributed under certain GPL-family licenses when part of a Larger Work. This makes the Tiwaz License 1.0 text simpler in this regard but alters its GPL compatibility characteristics.
* Notices (Section 3.4): The Tiwaz License 1.0 does not include MPL 2.0's explicit clause allowing alteration of notices to remedy known factual inaccuracies. This is a minor difference making Tiwaz 1.0 slightly stricter on notice alteration.
* Removed Section 2.4 (Subsequent Licenses): Due to the strict version immutability in 10.2, the clause corresponding to MPL 2.0's Section 2.4 (which clarifies contributor obligations if a later license version is chosen) was removed as it became contradictory.
10. Legal Review
The Tiwaz License, version 1.0 was drafted by me based on the already established open source license patterns (specifically MPL 2.0) with specific policy changes. It has not undergone a formal review by legal counsel but given the nature of the license I don't think it is necessary. I welcome the rigorous review process of the OSI and am open to feedback from legal experts.
---
I believe the Tiwaz License, version 1.0 meets the requirements for OSI approval and offers a useful, clear, and dependable option for the open source community. I look forward to your feedback and am available to answer any questions you may have.
P.S. I have no affiliation with the Mozilla Foundation or their projects.
Sincerely,
Sviatoslav, a.k.a. loncothad
me at loncothad.cc
Contact Tiwaz Project at: contact at tiwaz.fyi
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Tiwaz License, version 1.0
==========================
1. Definitions
---------------
"Contributor" means each individual or legal entity that creates,
contributes to the creation of, or owns Covered Software.
"Contributor Version" means the combination of the Contributions
of others (if any) used by a Contributor and that particular
Contributor's Contribution.
"Contribution" means Covered Software of a particular Contributor.
"Covered Software" means Source Code Form to which the initial
Contributor has attached the notice in Exhibit A, the Executable
Form of such Source Code Form, and Modifications of such Source
Code Form, in each case including portions thereof.
"Executable Form" means any form of the work other than Source
Code Form.
"Larger Work" means a work that combines Covered Software with
other material, in a separate file or files, that is not Covered
Software.
"License" means this document.
"Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently, any and all of the rights conveyed by this License.
"Modifications" means any of the following:
1. any file in Source Code Form that results from an addition
to, deletion from, or modification of the contents of Covered
Software; or
2. any new file in Source Code Form that contains any Covered
Software.
"Patent Claims" of a Contributor means any patent claim(s),
including without limitation, method, process, and apparatus claims,
in any patent Licensable by such Contributor that would be infringed,
but for the grant of the License, by the making, using, selling,
offering for sale, having made, import, or transfer of either its
Contributions or its Contributor Version.
"Source Code Form" means the form of the work preferred for
making modifications.
"You" (or "Your") means an individual or a legal entity exercising
rights under this License. For legal entities, "You" includes any
entity that controls, is controlled by, or is under common control
with You. For purposes of this definition, "control" means
1. the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise; or
2. ownership of more than fifty percent (50%) of the outstanding
shares or beneficial ownership of such entity.
2. License Grants and Conditions
---------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
1. under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications,
or as part of a Larger Work; and
2. under Patent Claims of such Contributor to make, use, sell,
offer for sale, have made, import, and otherwise transfer either
its Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor
first distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted
under this License. No additional rights or licenses will be implied
from the distribution or licensing of Covered Software under this
License. Notwithstanding Section 2.1(b) above, no patent license is
granted by a Contributor:
1. for any code that a Contributor has removed from Covered Software; or
2. for infringements caused by: (i) Your and any other third party's
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
3. under Patent Claims infringed by Covered Software in the absence
of its Contributions.
This License does not grant any rights in the trademarks, service
marks, or logos of any Contributor (except as may be necessary to
comply with the notice requirements in Section 3.4).
2.6. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient
rights to grant the rights to its Contributions conveyed by this
License.
2.7. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.8. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses
granted in Section 2.1.
3. Responsibilities
--------------------
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including
any Modifications that You create or to which You contribute, must
be under the terms of this License. You must inform recipients that
the Source Code Form of the Covered Software is governed by the terms
of this License, and how they can obtain a copy of this License. You
may not attempt to alter or restrict the recipients' rights in the
Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
1. such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more than
the cost of distribution to the recipient; and
2. You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your
choice, provided that You also comply with the requirements of
this License for the Covered Software.
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of
warranty, or limitations of liability) contained within the
Source Code Form of the Covered Software.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more
recipients of Covered Software. However, You may do so only on
Your own behalf, and not on behalf of any Contributor. You must
make it absolutely clear that any such warranty, support, indemnity,
or liability obligation is offered by You alone, and You hereby
agree to indemnify every Contributor for any liability incurred
by such Contributor as a result of warranty, support, indemnity
or liability terms You offer. You may include additional disclaimers
of warranty and limitations of liability specific to any jurisdiction.
4. Inability to Comply Due to Statute or Regulation
----------------------------------------------------
If it is impossible for You to comply with any of the terms of
this License with respect to some or all of the Covered Software
due to statute, judicial order, or regulation then You must:
1. comply with the terms of this License to the maximum extent possible; and
2. describe the limitations and the code they affect.
Such description must be placed in a text file included with all
distributions of the Covered Software under this License. Except to
the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to
be able to understand it.
5. Termination
---------------
5.1. The rights granted under this License will terminate
automatically if You fail to comply with any of its terms.
However, if You become compliant, then the rights granted under
this License from a particular Contributor are reinstated
1. provisionally, unless and until such Contributor explicitly
and finally terminates Your grants, and
2. on an ongoing basis, if such Contributor fails to notify You
of the non-compliance by some reasonable means prior to 60 days
after You have come back into compliance.
Moreover, Your grants from a particular Contributor are reinstated
on an ongoing basis if such Contributor notifies You of the
non-compliance by some reasonable means, this is the first time
You have received notice of non-compliance with this License from
such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a
patent infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted
to You by any and all Contributors for the Covered Software under
Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
6. Disclaimer of Warranty
--------------------------
Covered Software is provided under this License on an "as is" basis,
without warranty of any kind, either expressed, implied, or statutory,
including, without limitation, warranties that the Covered Software is
free of defects, merchantable, fit for a particular purpose or
non-infringing. The entire risk as to the quality and performance of
the Covered Software is with You. Should any Covered Software prove
defective in any respect, You (not any Contributor) assume the cost of
any necessary servicing, repair, or correction. This disclaimer of
warranty constitutes an essential part of this License. No use of any
Covered Software is authorized under this License except under this
disclaimer.
7. Limitation of Liability
---------------------------
Under no circumstances and under no legal theory, whether tort
(including negligence), contract, or otherwise, shall any Contributor,
or anyone who distributes Covered Software as permitted above, be liable
to You for any direct, indirect, special, incidental, or consequential
damages of any character including, without limitation, damages for
lost profits, loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses, even
if such party shall have been informed of the possibility of such damages.
This limitation of liability shall not apply to liability for death or
personal injury resulting from such party's negligence to the extent
applicable law prohibits such limitation. Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so this
exclusion and limitation may not apply to You.
8. Litigation
--------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of
that jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.
9. Miscellaneous
-----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not be used to construe
this License against a Contributor.
10. Versions of the License
----------------------------
10.1. New Versions
[Tiwaz Project](https://tiwaz.fyi/) is the license steward.
Except as provided in Section 10.3, no one other than the license steward
has the right to modify or publish new versions of this License. Each
version will be given a distinguishing version number.
10.2. Effect of New Versions
All distribution of Covered Software must be solely under the terms of
the specific version of this License under which You originally received
the Covered Software. This License does not grant permission to distribute
Covered Software under any other version of this License, including any
subsequent versions published by the license steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a modified
version of this License if you rename the license and remove any references
to the name of the license steward (except to note that such modified
license differs from this License).
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the Tiwaz License,version 1.0.
If a copy of the Tiwaz License was not distributed with this file, You
can obtain one at https://tiwaz.fyi/licenses/tiwaz-license-version-1-0/
or https://github.com/tiwaz-license/version-1.0/.
If it is not possible or desirable to put the notice in a particular file,
then You may include the notice in a location (such as a LICENSE file
in a relevant directory) where a recipient would be likely to look for
such a notice.
You may add additional accurate notices of copyright ownership.
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