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Professional Computing (Intellectual Property (Patients (Patients Act…
Professional Computing
English Law
Criminal Law - Designed to protect society. Dealt with by police and prosecuted by CPS. Innocent until proven guilty
Civil Law - Settles disputes. Litigation brought by the disputer and defended by defendant. Decision based on balance of probabilities
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Legislative Act of Parliament - Can create, amend and repeal any existing law. Bill drafted. Introduced to House of Lords/Commons. Stages of reading/amendment. Royal Assent to become law
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History - 1086: Common Law and authority is King. 15th Century: Legislation passed to Parliament. 19th Century: Courts reorganised to common and equity. Legislation becomes important
Acts
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Data Protection Act
DPA (1984) - Protecting against inaccurate info, info being used by unauthorised persons and for other reasons
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General Data Protection Regulation - Focus on protection of personal data. Gives owner more control of it. Transparency
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GDPA Principles - Data should be processed fairly, transparently etc. Collected for legit purposes. Should be minimal for its uses. Must be as accurate as possible. Should be held only as long as needed. Owner must have access to data about them. Reasonable security
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Freedom of Information
Clear rights of access to information in the public sector. As in information must be made public unless it is sensitive/personal data
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Contracts
All parties must be competent to sign, and provide/receive something
Time and Materials
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Contract Hire - Supplier supplies staff, managed by client
Fixed Price
Fixed Price Contracts - Typically bespoke, tailor made systems. A short agreement.
Contract must define the product. Good requirement specs are hard. Source code is often not just handed over, usually as an exe. Defined in the contract
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Liability - Often clients/consultants do not wish to be liable for their software/report should it fail in some way
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Intellectual Property
Theft - Intentionally taking someone's property with the intention to permanently deprive them of it
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Database copyrights - If significant work has gone into a database, then it can be copyrighted for 15 years since last modified
Infringement
Not an infringement to - Make a backup of something which you use yourself. De-compile code to modify it. Sell your version of it
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Patients
Patients Act (1977) - Temporary right from state enabling an inventor to prevent people stealing their work
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Must be new, inventive and practical for industry. Cannot be mathematical or scientific theories, literacy, art, drama or a program
Timing is crucial, need to take enough patients in each country so it can't be contested
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Cons - Original development often done by small companies. Licensed to big companies. Software industry doesn't really need them
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Public Interest Disclosure Act (1998) - Info can be disclosed about a company if the employer thinks: law broken, risk to health and safety, environment, miscarriage of justice etc
Trademark - Any sign represented graphically which can distinguish goods can be trademarked. Rules for what they can be. Don't need to be registered in the US