# Brazil default rules
#
# NOTHING IN THIS FILE IS LEGAL ADVICE. Each rule names the statute or the principle it
# rests on so that a reader can check it, explains in plain words what it does, and is a
# proposal for the association's legal reviewer, who decides whether it is adopted. What a
# licence means is decided by its text, and what the law of a country requires is decided
# by that country's courts.
#
# This difference adds default rules only. It removes no axiom of the core graph and
# replaces none of its rules, because no source known to the reviewer says that the law
# here departs from them; differences/README.md shows how a removal and a replacement are
# written.
@prefix rdf: <http://www.w3.org/1999/02/22-rdf-syntax-ns#> .
@prefix rdfs: <http://www.w3.org/2000/01/rdf-schema#> .
@prefix dct: <http://purl.org/dc/terms/> .
@prefix xsd: <http://www.w3.org/2001/XMLSchema#> .
@prefix odrl: <http://www.w3.org/ns/odrl/2/> .
@prefix cc: <http://creativecommons.org/ns#> .
@prefix dalicc: <https://dalicc.net/ns#> .
@prefix owl: <http://www.w3.org/2002/07/owl#> .

<https://dalicc.net/dependencygraph/dg_br> dct:title "Brazil default rules"@en ;
    dct:description """The DALICC deontic dependency graph with default rules for what a licence does not say, under the law of Brazil: moral rights the law declares inalienable, integration of a program with another, which the software law allows, and mining, for which the list of limitations has no entry. The graph is complete: it holds the axioms and the adopted rule of the core graph beside its own rules, and it is built from the core graph and a difference file. Each rule names its legal basis and says in plain words what it does. The rules are proposals until the association's legal reviewer adopts them. Nothing in this graph is legal advice."""@en ;
    dct:coverage dalicc:BR ;
    dalicc:basedOnGraph <https://dalicc.net/dependencygraph/dg_default> .

# The default rules this graph adds.

<https://dalicc.net/dependencygraph/rules/br-moral> a dalicc:DefaultRule ;
    rdfs:label "Moral rights are inalienable in Brazil"@en ;
    dalicc:appliesTo dalicc:moralRightsRestriction ;
    dalicc:defaultOutcome dalicc:NotWaivable ;
    dalicc:inJurisdiction dalicc:BR ;
    dalicc:ruleBasis "Lei 9.610/1998 article 27: the moral rights of the author are inalienable and cannot be renounced, so a clause of the licence that gives them up has no effect" ;
    dalicc:ruleExplanation "This rule adds nothing to a licence that says nothing about moral rights; it reports a finding when a licence permits the licensee to set them aside. Brazilian copyright law declares the moral rights of the author inalienable and impossible to renounce, so a clause that gives them up has no effect. A person combining licences under this graph sees the finding beside a licence that claims such a waiver."@en ;
    dct:date "2026-09-23"^^xsd:date ;
    dalicc:ruleStatus dalicc:Proposed .

<https://dalicc.net/dependencygraph/rules/br-interop> a dalicc:DefaultRule ;
    rdfs:label "Integrating a program for one's own use is allowed (approximation)"@en ;
    dalicc:appliesTo dalicc:reverseEngineerForInteroperability ;
    dalicc:defaultOutcome dalicc:GrantedByDefault ;
    dalicc:inJurisdiction dalicc:BR ;
    dalicc:ruleBasis "Lei 9.609/1998 article 6(IV): the integration of a program, keeping its essential characteristics, into an application or operating system, where that is technically indispensable to the user's needs and for the exclusive use of whoever carried it out, is not an infringement. The law has no exception for decompiling or reverse engineering" ;
    dalicc:ruleExplanation "A licence that says nothing about reverse engineering for interoperability is read as allowing the narrower act the Brazilian software law permits. That law allows a user to integrate a program into an application or operating system, keeping its essential characteristics, where that is technically indispensable to the user's needs and for the user's exclusive use. It does not provide an exception for decompiling or reverse engineering, so this rule is only an approximation of the action it is attached to."@en ;
    dct:date "2026-09-23"^^xsd:date ;
    dalicc:ruleStatus dalicc:Proposed .

<https://dalicc.net/dependencygraph/rules/br-tdm> a dalicc:DefaultRule ;
    rdfs:label "Mining is not allowed unless the licence allows it"@en ;
    dalicc:appliesTo dalicc:textAndDataMining ;
    dalicc:defaultOutcome dalicc:NotGrantedByDefault ;
    dalicc:inJurisdiction dalicc:BR ;
    dalicc:ruleBasis "Lei 9.610/1998 article 46 lists the limitations on copyright and names no general exception for text and data mining" ;
    dalicc:ruleExplanation "A licence that says nothing about text and data mining is read as not allowing it. The Brazilian copyright law lists the limitations on copyright and names no general exception for mining, so a mining act that reproduces a protected work needs a licence that grants it, unless a narrower limitation of article 46 applies to the facts. Combining a licence that is silent about it with one that permits it shows a conflict marked as coming from this rule."@en ;
    dct:date "2026-09-23"^^xsd:date ;
    dalicc:ruleStatus dalicc:Proposed .