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.

For example, the prime theme for Sublime Text has the licence following open source licence:

The MIT License (MIT)

Copyright (c) 2014 Karel Vuong

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.

1. https://github.com/karelvuong/st-primer/blob/master/LICENSE

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Related issues:

1. https://github.com/gamcoh/QuickEdit/issues/2 Can it be an open source project?
2. https://github.com/SublimeText/LaTeXTools/issues/1175 Can it be an open source project?

[felixfbecker]

I added a LICENSE file. Note that the license was specified in package.json and the underlying language server was already MIT. Also just because a project is not MIT licensed doesn't mean it's not open source - the source code was publicly readable, so the project was by definition open source.

[evandrocoan]

Just because a code is on the internet, it is not open source. On most countries in the world everything which is not has explicit licence, is All Right Reserved (ARR), does not matter if the author put them on the internet or not. See https://en.wikipedia.org/wiki/Berne_Convention