Introduction to Legislation and Software Licences
In the world of Computer Science, it isn't just about how computers work—it is also about the rules we follow to keep everyone safe and fair. As technology evolves, governments create laws (legislation) to protect our data, our privacy, and our hard work. We also use licences to decide who can use or change the software we create.
In this chapter, we will look at three specific laws you need to know for your OCR exam and the two main ways software is licensed to the public.
1. The Three Big Laws (Legislation)
There are three main Acts of Parliament that you must understand. Think of these as the "rules of the digital road."
A. Data Protection Act 2018 (DPA)
The Purpose: This law protects personal data stored on computers. Personal data is anything that can identify you, like your name, address, or medical records.
What it does: It gives "data subjects" (people like you) rights over their information and forces "data controllers" (companies like schools or shops) to follow strict rules. Organizations must keep data secure, accurate, and up to date. They cannot keep it for longer than necessary or use it for reasons you didn't agree to.
Example: If a gym collects your phone number to book classes, they cannot legally sell that number to a pizza company for advertising without your permission.
B. Computer Misuse Act 1990 (CMA)
The Purpose: This law was created to stop hacking and cybercrime.
What it prohibits: It makes three specific things illegal:
1. Accessing a computer system without permission (e.g., guessing a friend's password to look at their messages).
2. Accessing a computer system without permission with the intent to commit a further crime (e.g., hacking into a bank to steal money).
3. Changing or deleting files without permission (e.g., spreading a virus or deleting someone's coursework).
Quick Tip: If you see a question about "unauthorised access," the answer is almost always the Computer Misuse Act!
C. Copyright, Designs and Patents Act 1988 (CDPA)
The Purpose: This law protects the intellectual property of creators. It ensures people get credit and payment for their work.
What it prohibits: It makes it illegal to copy, share, or use someone else’s work without their permission. This includes:
• Copying software or "pirating" movies and music.
• Using images from the internet in a commercial book without a licence.
• Running a piece of software on more computers than your licence allows.
Quick Review: Which Law is it?
• Stealing someone's identity? Data Protection Act
• Hacking into a government server? Computer Misuse Act
• Copying a video game for a friend? Copyright, Designs and Patents Act
2. Software Licences
When you "buy" software, you don't usually own the code; you own a licence (permission) to use it. There are two main types you need to compare.
Proprietary Software
This is "closed" software. It is usually owned by a company (like Microsoft or Adobe).
• Source Code: Users cannot see or change the source code. It is a closely guarded secret.
• Cost: Usually costs money to buy or requires a subscription.
• Support: Comes with professional customer support and regular updates from the creator.
• Restriction: You are usually not allowed to share it or install it on multiple devices without paying more.
Analogy: Buying a bottle of Coca-Cola. You can drink it, but you don't know the secret recipe and you aren't allowed to make your own version to sell.
Open Source Software
This is software where the creator shares the "recipe" with everyone.
• Source Code: Users can see, study, and change the source code.
• Cost: Often free of charge (but not always!).
• Support: Usually relies on a community of volunteers. There might not be a "help desk" to call if things go wrong.
• Flexibility: Users can modify the software to fit their specific needs and share those changes with others.
Analogy: A community recipe for a cake. Anyone can read it, add extra chocolate if they like, and share the new version with their friends.
Choosing a Licence: A Quick Guide
In your exam, you might be asked to recommend a licence for a specific scenario. Here is how to decide:
Choose Proprietary if:
• The user needs official customer support.
• The software needs to be highly polished and "ready to use" (off-the-shelf).
• The creator wants to make a profit by selling the software.
Choose Open Source if:
• The user has a low budget (it's often free).
• The user wants to customise the code to do something unique.
• The user wants to collaborate with others to improve the software together.
Common Mistakes to Avoid
• Mistake: Thinking "Open Source" means the software has no copyright.
Correction: Open Source software still has a creator and a licence; the licence just gives you permission to see and change the code!
• Mistake: Mixing up the years of the Acts.
Correction: Remember \( 1988 \) (Copyright), \( 1990 \) (Misuse), and \( 2018 \) (Data Protection).
• Mistake: Thinking the Data Protection Act only applies to hackers.
Correction: The DPA applies to honest companies that hold your data. If they are careless and lose your data, they have broken the DPA.
Key Takeaways Summary
1. Data Protection Act 2018: Keeps personal data safe and gives you rights over your info.
2. Computer Misuse Act 1990: Stops hacking and malicious damage to systems.
3. Copyright, Designs and Patents Act 1988: Protects creators from having their work stolen or copied.
4. Proprietary: Paid, secret code, professional support.
5. Open Source: Often free, visible code, community-driven.