Can it be an open source project?

[evandrocoan]

Searching through the repository I cannot find any mention to open source licence. By this project being on Github, I am allowed to fork it by the Github TOS (Terms Of Service). However I am not allowed to create derivative works from it (pull requests). Meaning I cannot fork this repository, change its code and perform pull requests without the danger/liability of being prosecuted by violating the All rights reserved copyright granted by berne convention law.

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