OCR J277 · Component 1 · Topic 1.6.1b

Legislation & Software Licences

Data Protection Act · Computer Misuse Act · Copyright, Designs & Patents Act · Open Source & Proprietary

CSZone OCR GCSE Computer Science J277

Learning Objectives

By the end of this video you will be able to...

Describe the purpose of the Data Protection Act 2018 — the key principles it sets out, the rights it gives to individuals, and who enforces it

State the three offences created by the Computer Misuse Act 1990, give examples of each, and explain the penalties associated with each offence

Explain what the Copyright, Designs and Patents Act 1988 protects, how it applies to software and digital content, and what constitutes a breach of copyright

Describe the features of open source software — including access to source code and the right to modify — and the features of proprietary software, including its restrictions and how it is distributed

Explain the benefits and drawbacks of each licence type and recommend the most appropriate licence for a given scenario

⚡ This video covers the legislation and software licences on the OCR J277 spec. Ethical, cultural and environmental impacts were covered in part a.

Overview

What's on the spec for 1.6.1b?

WHY LEGISLATION IS NEEDED

Without legal frameworks, organisations could collect and misuse personal data without limit, hackers could access any system without consequence, and creative works could be copied freely. Legislation sets out what is permitted, who is responsible, and what happens when the rules are broken.

THE THREE ACTS + SOFTWARE LICENCES ON THE SPEC

DATA PROTECTION ACT 2018

Governs how personal data is collected, stored and used. Gives individuals rights over their own data.

COMPUTER MISUSE ACT 1990

Makes it illegal to access or modify computer systems without permission. Covers hacking and malware.

COPYRIGHT, DESIGNS & PATENTS ACT 1988

Protects original creative works — including software — from being copied or distributed without permission.

SOFTWARE LICENCES

Open source: source code available, free to use and modify. Proprietary: no source code access, purchased off-the-shelf.

WHO EACH PROTECTS

DPA → individuals whose data is held CMA → computer system owners CDPA → creators and copyright holders Licences → software developers & users

⚡ The exam will give you scenarios and ask which law applies and why — or ask you to recommend a licence type and justify your choice. Knowing the purpose of each, not just the name, is what earns marks.

Data Protection Act 2018

DPA 2018 — principles & rights

PURPOSE

The Data Protection Act 2018 governs how organisations collect, store, use and share personal data about living individuals. It incorporates GDPR principles into UK law. Any organisation that processes personal data must comply — businesses, schools, the NHS, government departments.

KEY PRINCIPLES — PERSONAL DATA MUST BE:

Processed lawfully, fairly and transparently — organisations must have a legal basis and be open about how data is used

Collected for specified, explicit purposes — data collected for one purpose cannot be used for an unrelated one

Adequate, relevant and limited (data minimisation) — only the data actually needed should be collected

Accurate and kept up to date — inaccurate data must be corrected or deleted promptly

Not kept longer than necessary (storage limitation) — data must be deleted once its purpose is fulfilled

Processed securely — appropriate measures must protect data from loss, theft or unauthorised access

Accountability — the data controller must demonstrate compliance with all principles

RIGHTS OF DATA SUBJECTS

RIGHT OF ACCESS (SAR)

Request a copy of all personal data held about you — must respond within one month

RIGHT TO ERASURE

"Right to be forgotten" — request deletion when there is no longer a legitimate reason to keep data

RIGHT TO RECTIFICATION

Request that inaccurate or incomplete data held about you is corrected

⚡ Enforced by the Information Commissioner's Office (ICO). Fines up to £17.5 million or 4% of global annual turnover. In the exam: always name the specific principle that was breached — not just "they broke the DPA."

Computer Misuse Act 1990

PURPOSE

The Computer Misuse Act 1990 makes it a criminal offence to access or modify computer systems or data without authorisation. It was introduced because before 1990, no specific law existed against hacking in the UK. It creates three distinct criminal offences with increasing severity and penalty.

THE THREE OFFENCES

S.1

Unauthorised access to computer material — accessing any system or data without permission (hacking). Example: guessing a password to log into someone's email account.
Penalty: up to 2 years imprisonment and/or a fine.

S.2

Unauthorised access with intent to commit further offences — hacking with the intention of committing another crime. Example: hacking a bank's system to commit fraud.
Penalty: up to 5 years imprisonment and/or a fine.

S.3

Unauthorised modification of computer material — altering, deleting or corrupting data or programs without permission. Includes malware and ransomware. Example: deploying ransomware that encrypts a hospital's files.
Penalty: up to 10 years imprisonment and/or a fine.

MATCHING TO ATTACK TYPES

Phishing that gains access to an account → S.1

SQL injection to steal a customer database for fraud → S.1 + S.2

Deploying a virus or DDoS that corrupts or disrupts systems → S.3

⚡ When hacking is followed by another crime, both S.1 and S.2 apply — do not give only one. Know the section number, the offence name, an example, and the penalty for each. This is frequently examined.

Copyright, Designs & Patents Act 1988

PURPOSE

The Copyright, Designs and Patents Act 1988 (CDPA) protects original creative works from being copied, distributed or used without the creator's permission. Copyright is automatic — it is created the moment an original work is produced, requires no registration, and lasts for the creator's lifetime plus 70 years.

WHAT IS PROTECTED IN COMPUTING

Software: computer programs are protected as literary works. Copying, distributing or modifying software without a valid licence is a breach of copyright.

Digital content: music, films, ebooks, images and games are all protected. Downloading or sharing pirated copies is illegal even if the individual does not profit from it.

Websites: the original code and content of a website is protected. Reproducing it without permission is a breach.

WHY LICENCES EXIST

Because software is automatically protected by the CDPA, users need permission to use it. That permission is granted through a software licence — a legal agreement that sets out what the user is and is not allowed to do with the software. The next two slides cover the two main types of software licence: open source and proprietary.

⚡ Key exam points: copyright is automatic — no registration or © required. Software is protected as a literary work. Personal use of a pirated copy is still illegal. A software licence is the legal mechanism through which copyright holders allow others to use their software.

Software Licences

Open source software

DEFINITION

Open source software is software whose source code is made publicly available. Anyone can view, use, modify, and distribute the software — usually for free — provided they comply with the terms of the open source licence. The software is typically developed and maintained by a community of contributors.

KEY FEATURES (SPEC)

Access to the source code — users can read, study and inspect exactly how the software works

Ability to change the software — users can modify the code to suit their needs and redistribute their modified versions

EXAMPLES

Linux LibreOffice Firefox Python VLC

✓ BENEFITS

Free to use and distribute · Can be modified to meet specific needs · Community support and development · Many eyes on the code — security issues often found and fixed quickly · No vendor lock-in

✗ DRAWBACKS

May lack professional technical support · Less user-friendly than commercial alternatives · Documentation can be poor · Compatibility issues with proprietary formats · Requires technical knowledge to modify

⚡ Open source does not mean there is no copyright — there still is. The copyright holder has simply chosen to grant broad permissions through the licence. Users must still comply with the licence terms, which typically include making any modified versions equally open.

Software Licences

Proprietary software

DEFINITION

Proprietary software is software owned by a company or individual. The source code is kept private and users must purchase a licence to use it. The licence agreement (EULA — End User Licence Agreement) sets out strict terms that typically prohibit copying, modifying or distributing the software. The developer retains full control over updates, pricing and features.

KEY FEATURES (SPEC)

No access to the source code — users cannot see, inspect or modify the underlying code

Purchased commonly as off-the-shelf — bought as a finished product, either as a physical copy, download or subscription

EXAMPLES

Microsoft Windows Microsoft Office Adobe Photoshop macOS

✓ BENEFITS

Professional technical support available · Polished, user-friendly interface · Reliable and tested updates · Better compatibility with other commercial products · Clear accountability — one company responsible

✗ DRAWBACKS

Costs money to buy and maintain · Cannot view or modify source code · Vendor lock-in — dependent on one company · Licence restrictions limit what you can do · Cannot redistribute or share legally

⚡ The exam may ask you to recommend a licence type for a given scenario. Match the scenario's priorities — cost, customisation, support, security — to the licence type that best meets those needs. Always justify your recommendation with at least one benefit and acknowledge at least one drawback.

Exam Application

Applying legislation & licences

Scenario A

A hacker uses stolen login credentials to access a company's payroll database and transfers £50,000 to their own account. Identify which section(s) of the Computer Misuse Act apply and explain why.

SECTION 1 + SECTION 2 — CMA 1990

S.1 applies because the hacker accessed the payroll database without authorisation. S.2 applies because the access was carried out with intent to commit a further offence — fraud. When hacking is followed by another crime, both sections apply. Always name both.

Scenario B

A small charity wants to set up a database system to manage donor records. They have almost no budget. Recommend whether they should use open source or proprietary software and justify your answer.

OPEN SOURCE — RECOMMENDED

Open source software is free to use and distribute, which suits the charity's limited budget. Software such as LibreOffice Base or a Python-based solution could be used at no licensing cost. The source code is available, so a volunteer developer could customise it to meet the charity's specific needs. A drawback is that professional support may not be available, but for a small charity with technical volunteers this is manageable. Proprietary software would provide better support but the licensing cost would be prohibitive on a near-zero budget.

Comparison

Open source vs proprietary — side by side

	OPEN SOURCE	PROPRIETARY
Source code	Publicly available — can view, study and modify	Private — users cannot access or view it
Cost	Usually free to use and distribute	Must be purchased — one-off or subscription
Modification	Allowed — can adapt to specific needs	Not permitted — fixed as sold
Support	Community forums — no guaranteed support	Professional support from the developer
Distribution	Can be freely shared and redistributed	Cannot be shared — licence is per user/device

WHEN TO RECOMMEND EACH

RECOMMEND OPEN SOURCE WHEN:

Budget is limited · Customisation is needed · Technical staff are available · Security through transparency is a priority · Avoiding vendor lock-in matters

RECOMMEND PROPRIETARY WHEN:

Professional support is essential · Ease of use for non-technical staff · Compatibility with other commercial software · Reliability and tested updates are critical

⚡ There is no universally "better" licence type — it depends on the context. In the exam, read the scenario carefully: budget, technical expertise available, need for customisation, and support requirements all point to one type over the other.

Putting It Together

1.6.1b — the big picture

DATA PROTECTION ACT 2018

Governs how personal data is processed. Seven principles: lawful, transparent, purpose limitation, minimisation, accuracy, storage limitation, security. Rights: access (SAR), erasure, rectification. Enforced by the ICO — fines up to £17.5m or 4% turnover.

COMPUTER MISUSE ACT 1990

S.1 — unauthorised access, up to 2 yrs. S.2 — access with intent to commit further offence, up to 5 yrs. S.3 — unauthorised modification (malware/ransomware), up to 10 yrs. If access + further crime → both S.1 and S.2 apply.

COPYRIGHT, DESIGNS & PATENTS ACT 1988

Protects original works — software is a literary work. Copyright is automatic. Lasts life + 70 years. Piracy and unlicensed copying are breaches. Software licences (open source / proprietary) define what users are allowed to do.

OPEN SOURCE

Source code publicly available. Free to use, modify and redistribute. Examples: Linux, LibreOffice, Firefox. Benefits: free, customisable, community-supported. Drawbacks: limited professional support, may need technical knowledge.

PROPRIETARY

Source code private, purchased off-the-shelf. Examples: Windows, Office, Photoshop. Benefits: professional support, user-friendly, reliable updates. Drawbacks: costs money, cannot modify, vendor lock-in. Choose based on budget, technical expertise, and support needs.

Exam-Style Questions

Legislation & Software Licences

Question 1

A company collects customers' email addresses during checkout and then sells that data to a marketing firm. State which law has been broken and name the specific principle that has been violated.

2 marks

1

The Data Protection Act 2018 has been broken. (1 mark)

1

The purpose limitation principle — data collected for one specific purpose (processing a purchase) cannot be used for an unrelated purpose (marketing). (1 mark)

Question 2

A student downloads a cracked version of a video editing application for personal use. Explain whether this is illegal and state which law applies.

3 marks

1

Yes, this is illegal. (1 mark)

1

The Copyright, Designs and Patents Act 1988 applies — software is protected as a literary work. (1 mark)

1

Downloading a pirated copy without a licence is a breach of copyright even if it is for personal use and not distributed to anyone else. (1 mark)

Question 3

A school is setting up a new network and needs word processing software for 200 computers. The IT manager is deciding between open source and proprietary software. Discuss the benefits and drawbacks of each option.

4 marks

1+1

Open source e.g. LibreOffice: free to install on all 200 computers saving significant cost (benefit); however, staff may require training as the interface differs from software they are used to, and professional support is not guaranteed (drawback). (1 mark benefit + 1 mark drawback)

1+1

Proprietary e.g. Microsoft Office: professional support and familiar interface for staff and students (benefit); however, licensing 200 computers would be expensive and the school cannot modify the software to suit its needs (drawback). (1 mark benefit + 1 mark drawback)

Common Mistakes

Four mistakes that cost marks in the exam

1

Saying open source means "no copyright." Open source software still has a copyright owner. The copyright holder has simply chosen to grant broad permissions through an open source licence — allowing others to use, modify and redistribute the code. Users must still comply with the licence terms, which often require that any modified versions are also released as open source. Calling open source "copyright-free" or "public domain" is incorrect.

2

Saying proprietary software "cannot be used for free." While most proprietary software must be purchased, some is available free of charge — freeware — but the source code is still private and terms still restrict copying and modification. The defining feature of proprietary software is not the cost — it is that the source code is kept private and the user has no right to modify or redistribute it. Conversely, open source software is usually free but does not have to be.

3

Applying only one CMA section when two apply. When someone hacks into a system with the intention of committing another crime — fraud, theft, blackmail — both Section 1 (unauthorised access) and Section 2 (access with intent to commit further offences) apply. Students frequently name only Section 1 and lose a mark. Always ask: was there a further criminal intent beyond just accessing the system? If yes, S.2 applies as well as S.1.

4

Not justifying a licence recommendation. If the exam asks you to "recommend a licence type" for a scenario, naming the type alone is not enough. You must explain why it is suitable — linking a benefit of that licence to a specific need in the scenario — and acknowledge at least one drawback. A one-word answer like "open source" will score zero. Write: "I would recommend open source because [reason matching the scenario], although a drawback is [limitation]."

Summary

1.6.1b — Legislation & Software Licences

DATA PROTECTION ACT 2018

Governs personal data processing. Key principles: lawful, transparent, purpose limitation, minimisation, accuracy, storage limitation, security. Rights: access (SAR), erasure, rectification. Enforced by ICO — fines up to £17.5m or 4% turnover.

COMPUTER MISUSE ACT 1990

S.1 unauthorised access — up to 2 yrs. S.2 access with intent to commit further offence — up to 5 yrs. S.3 unauthorised modification (malware/ransomware) — up to 10 yrs. Access + further crime = S.1 and S.2 both apply.

Protects original works including software (literary work), music, films. Copyright is automatic — no registration needed. Life + 70 years. Piracy and unlicensed copying are breaches. Licences grant users permission to use software.

OPEN SOURCE

Source code publicly available. Can view, modify and redistribute. Usually free. Examples: Linux, LibreOffice, Firefox. Benefits: free, customisable, community support. Drawbacks: limited professional support, requires technical knowledge. Still has copyright — open licence grants permission.

PROPRIETARY

Source code private. Purchased off-the-shelf. Cannot modify or redistribute. Examples: Windows, Office, Photoshop. Benefits: professional support, user-friendly, reliable. Drawbacks: costs money, vendor lock-in, no modification rights. Recommend based on: budget, technical skill, support needs, customisation.

1.6.1b Complete

That's 1.6.1b done!

Next up: Component 2 — Computational Thinking, Algorithms & Programming

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