Show understanding of the need for copyright legislation

7.1 Ethics and Ownership – The Need for Copyright Legislation

1. Why Ethics Is Needed for Computing Professionals

Professional ethics are the standards that guide the behaviour of individuals and organisations in the computing industry. They are essential because:

  • Computing systems affect the safety, privacy and wellbeing of users and society.
  • Professionals are trusted with data, intellectual assets and critical infrastructure.
  • Ethical conduct builds public confidence, supports sustainable business, and underpins legal compliance.

Real‑world illustration (AO‑2): The 2017 Equifax data breach exposed personal details of ~147 million people. The breach occurred because the company failed to apply a known security patch – an unethical neglect of professional duty that led to massive financial loss, loss of trust, and legal action.

2. Impact of Ethical vs. Unethical Behaviour

Action (ethical / unethical) Stakeholder(s) Affected Typical Impact
Secure coding & regular patching (ethical) Users, client organisations, public Maintains trust, avoids data loss, complies with law.
Unauthorised copying of software (unethical) Software developer, paying customers Revenue loss, reduced incentive to innovate.
Transparent handling of user data (ethical) End‑users, regulators Compliance with GDPR, enhanced reputation.
Distributing malware disguised as legitimate software (unethical) Victims, wider internet community Financial damage, loss of confidence, possible criminal prosecution.

3. The Need for Copyright Legislation

Exam‑friendly definition: Copyright gives the creator of an original work the exclusive right to reproduce, distribute, perform publicly, and adapt the work for a limited period.

Without such protection creators would face unauthorised copying, loss of revenue, and difficulty distinguishing original work from derivatives – all of which would undermine innovation and economic growth.

4. Core Principles of Copyright Law (with software examples)

  1. Reproduction – the right to make copies.
    Example: Copying source‑code files for a backup.
  2. Distribution – the right to sell or give away copies.
    Example: Uploading a compiled application to an app store.
  3. Public performance – the right to broadcast or display the work.
    Example: Streaming a video game tutorial that includes gameplay footage.
  4. Adaptation – the right to create derivative works.
    Example: Modifying an open‑source library to add new features.

5. Other Types of Intellectual Property (IP)

IP Type What It Protects Typical Duration Key Computing Example
Copyright Original literary, artistic, musical, and software works Life of author + 70 years (varies) Source code of a program
Patents New inventions or technical solutions 20 years from filing date Data‑compression algorithm (rarely examined in CS AO‑2)
Trademarks Brand names, logos, slogans Indefinite, renewable every 10 years Company logo shown in a software UI
Design Rights Appearance of a product 15 years (UK) / 25 years (EU) Icon design for a mobile app

6. Software‑Licence Families & Application Scenarios

Licence Family Key Conditions Typical Use‑Case
Proprietary (e.g., Microsoft ©, Oracle ©) Source code closed; user receives a limited right to use the compiled product; copying, modification and redistribution prohibited without explicit permission. Commercial off‑the‑shelf applications where the vendor wants full control and revenue.
Permissive Open‑Source (e.g., MIT, BSD) Allows copying, modification and redistribution, even in proprietary products, provided attribution is retained and a copy of the licence is included. Libraries or utilities that the author wishes to be widely adopted with minimal restrictions.
Copyleft Open‑Source (e.g., GNU GPL, AGPL) Permits use, modification and redistribution, but any derivative work must be released under the same licence (source code must be made available). Projects that aim to guarantee that improvements remain free and open to the community.

Scenario 1 – Open‑source library that must stay free

You have written a reusable authentication library and want any improvements to remain open.

  • Chosen licence: GNU GPL v3 (strong copyleft).
  • Justification (AO‑3): The GPL ensures that any software incorporating the library must also distribute its source under the GPL, preserving openness while still allowing commercial use.

Scenario 2 – Commercial library you wish others to embed in proprietary products

You have developed a high‑performance graphics engine and want to sell licences, but also allow other companies to embed it in their closed‑source products.

  • Chosen licence: A proprietary licence with a paid‑per‑deployment model (or a permissive licence such as MIT combined with a commercial support contract).
  • Justification (AO‑3): A proprietary or permissive licence gives you revenue from sales while permitting downstream developers to keep their own code closed, matching the commercial objective.

7. Benefits of Copyright Legislation

  • Economic incentive – Guarantees a market for original software, encouraging investment.
  • Legal clarity – Defines what constitutes infringement and the remedies available.
  • Protection of moral rights – Allows authors to be credited and to object to derogatory treatment.
  • Facilitates licensing – Enables creators to grant permissions under clear, enforceable terms (e.g., GPL, MIT).

8. Ethical Considerations in Computing

  • Is it ethical to copy software for personal use when a free alternative exists?
  • How should developers handle open‑source contributions while respecting the original licence?
  • What responsibilities do companies have to protect user‑generated content?

9. Artificial Intelligence – Emerging Ethical Issues (extra, not examined)

  • Bias and fairness – Algorithms can perpetuate societal biases if training data are unrepresentative.
  • Privacy – AI often requires large data sets; safeguarding personal information is a legal and moral duty.
  • Autonomous decision‑making – When AI makes decisions that affect health, safety or finance, accountability and transparency become critical.

10. Professional Bodies and Their Core Ethical Codes

  • British Computer Society (BCS)Code of Conduct: “Public interest, competence, integrity, and professional development.”
  • Institute of Electrical and Electronics Engineers (IEEE)Code of Ethics: “To accept responsibility in making decisions consistent with the safety, health, and welfare of the public.”
  • Association for Computing Machinery (ACM)Code of Ethics and Professional Conduct: “Contribute to society and human well‑being; avoid harm; be honest and trustworthy.”

11. Case Study – The “Napster” Controversy

Napster enabled users to share MP3 files without paying royalties. The courts ruled that Napster facilitated copyright infringement, leading to its shutdown. The case highlighted:

  • Intermediary liability – platforms can be held responsible for users’ illegal actions.
  • Technology outpacing legislation – new digital distribution models required updated legal frameworks.
  • The need for balanced solutions – licensing schemes for digital music (e.g., licences negotiated with record‑label bodies).

12. Summary

Copyright legislation protects creators, promotes innovation, and supplies a clear legal framework for the use and distribution of software and digital content. Understanding the legal rights, the variety of software licences, and the associated ethical responsibilities equips future computer scientists to navigate the complex landscape of digital ownership responsibly.

13. Suggested Exam Questions

  1. Explain why copyright legislation is necessary for software developers.
  2. Compare and contrast copyright with patents in the context of computer science.
  3. Discuss the ethical implications of using unlicensed software in a commercial environment.
  4. Given a scenario where a developer wants to release a library that must remain free, recommend an appropriate licence and justify the choice.

14. Assessment Objective (AO) Mapping

AO What the notes address
AO1 – Knowledge & Understanding Definitions of ethics, copyright, IP types, licence families, professional bodies, AI issues.
AO2 – Application Applying copyright principles to software, interpreting the Napster case, selecting licences for given scenarios.
AO3 – Analysis & Evaluation Justifying licence choices, evaluating ethical dilemmas, discussing the impact of legislation on innovation.

15. Suggested Diagram

Flowchart – Lifecycle of a Copyrighted Software Work: Creation → Copyright attaches automatically → Licensing (choose proprietary / permissive / copyleft) → Distribution (sale, download, streaming) → Enforcement (monitoring, infringement action) → Expiry of rights.

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