Grok 4: Hyva Theme and Commerce must open-source their code based on Magento Open Source by the OSL3.0 license terms

Below is what we team can actually verify point to Hyvä’s commercial theme being a derivative work of Magento Open Source (and therefore subject to OSL 3.0) rather than a clean-room “from-scratch” rewrite.

Direct signs of Magento code inside Hyvä packages

Copy-pasted layout XML with Magento copyright header – e.g. catalog_category_view.xml inside hyva-themes/magento2-reset-theme still contains the original “Copyright © Magento, Inc. All rights reserved” notice as well as the exact node structure found in Magento core. A file that began life in Magento and is shipped in a Hyvä module is, by definition, a derivative work. OSL 3.0 therefore requires the whole module to remain under OSL 3.0.

Email styling module re-uses Magento’s email.less (including all original comments) Again, literal reuse of Magento assets = derivative work.

“Reset” theme encourages developers to copy “all missing files from the default (Luma) theme” into a Hyvä child theme. Hyvä’s own docs instruct users to redistribute Magento templates under Hyvä’s paid licence, extending the derivative scope.

magento2-luma-checkout convenience module depends on a theme-fallback package so that the stock Luma checkout “just works” in Hyvä. Shipping untouched Luma templates inside a paid add-on re-distributes Magento code.

Hyvä’s licence page says the theme is “built from scratch … All layout.xml, .phtml files and all JavaScript have been removed.”

Yet the items above show multiple Magento files surviving verbatim (or with only superficial edits). That contradiction undercuts the “from-scratch” argument often used to defend proprietary licensing. Hyva has the same but slightly changed reworked layouts structure the under OSL3.0 is derivative fork.

OSL 3.0 obligations

OSL 3.0 clause Practical impact if you copy Magento code

§ 1(b) Derivative Works – any work “based upon the Original Work … even if modified or translated” Verbatim or lightly-edited XML/PHTML/LESS falls squarely under this definition.

§ 3 & § 6 Source-code availability & licence downstream Once you incorporate Magento code, the entire theme must be offered under OSL 3.0, with full source, patent grant, etc. Charging money is fine, but you cannot impose extra restrictions that conflict with OSL.

Because Hyvä’s commercial EULA restricts redistribution and withholds source for paying customers, it is incompatible with the copyleft requirements that attach once Magento code is included.

Is all of Hyvä derivative?

Tailwind CSS/Alpine components appear to be original and could, in isolation, be proprietary however Tilewind and Alpine is mixed with Magento original code. The problem is that the moment a paid package bundles or depends on code copied from Magento, the whole combined work becomes OSL 3.0.

Bottom line for merchants & agencies

• Yes, there is strong evidence that parts of Hyvä’s paid theme are a derivative work of Magento Open Source.

• Under OSL 3.0, those parts must themselves be released under OSL 3.0; Hyvä’s proprietary EULA conflicts with that requirement.

• Anyone distributing or externally deploying Hyvä commercially inherits that licence-violation risk.

• Merchants should seek legal counsel before adopting or continuing to use Hyvä in its current licensing form, especially for SaaS or agency-hosted stores.

If Hyvä “fixes” the code:

• If the repo history, commits, or changelogs show copying or reuse of Magento code at any point, anyone can claim license violation.

• Adobe or the Magento Association could challenge the entire licensing model, especially if any parts still bear resemblance to Magento logic or structure (layouts, blocks, rendering, etc.).

Disclaimer: it is not a law advice, but this analysis made by Grok 4 AI based on the publicly visible code and OSL 3.0 text. For a definitive judgment you should consult an IP attorney familiar with copyleft licensing.