#1 Jun 2024 Q4* 8 marks (banded QWC) 1.6 ethical/legal — open source vs proprietary

Question

4* A computer programmer has developed a computer game that they want to release for users to download over the internet. The programmer needs to decide whether to release the game as open source or proprietary software.

Discuss the features, benefits and drawbacks of each type of licence for this program and make a recommendation to the programmer.

You should include the following in your answer:

  • features of each licence
  • legal and ethical issues of each licence
  • benefits and drawbacks of each licence.

[8]

Why this question is tricky

Fewer candidates included a recommendation for the programmer. Candidates described each in turn without identifying which one should be used. Some candidates suggested that both were suitable and it was the programmer's decision, but the question asked for a recommendation.— J277_01_ER_Jun2024.txt lines 250-252

MS complexity 10/10: Banded L1/L2/L3. Top of band requires a clear and structured recommendation AND benefits AND drawbacks of BOTH licences. One-sidedness caps at L2.

Full-marks model answer

Open source and proprietary are two licensing options the programmer could use to distribute the game. Open source licences typically allow users to download the game free of charge, give them access to the source code, and permit them to change and redistribute that code. Proprietary licences instead require users to pay to purchase the game, do not give access to the source code, and prohibit modification or redistribution.

The legal and ethical issues differ significantly. Both types of software are protected by the Copyright, Designs and Patents Act 1988, but a proprietary licence gives the programmer much stronger control over copyright — users cannot legally copy, resell or claim the code as their own. An open source licence allows more people to take the code and possibly change it to resell or adapt in their own programs, which raises an ethical concern that the programmer may not receive credit or income for the work that others profit from. Conversely, releasing the game as open source could be considered more ethical because it makes the game accessible to players who may not be able to afford a paid copy, widening access to entertainment software.

The benefits of open source for this programmer include a wider customer base, more exposure for the game, and the fact that users can alter the program to fix bugs or add features — effectively contributing free improvements. The drawbacks are limited documentation, very little financial gain from the release, and the risk that competitors copy or repackage the game. A proprietary licence offers the opposite trade-off: it allows the programmer to earn money from each sale, gives more control over what happens with the program, and the released version is usually well tested. Its drawbacks are that the customer base is restricted to paying users, the game cannot be adapted to meet user needs without permission, and a higher upfront price may put some players off.

Recommendation. The programmer should release the game as proprietary software. This is because the programmer has invested time developing a complete computer game and a proprietary licence is the only way to earn money from each download, maintain control over what happens to the code, and protect their copyright more strictly. The wider exposure that open source would give is not worth the loss of income and the risk that the code is altered or redistributed without permission. A proprietary release with a reasonable price, combined with marketing and ongoing patches, will give the programmer the best balance of revenue and reputation.

Mark allocation (Band 3, 7–8 marks)
  • Paragraph 1 names features of both licences (free access, source code, redistribute vs purchase, no source code) — MS: "Open source — (usually free), can access/change source code, redistribute / Proprietary — purchase at cost, cannot access/change code".
  • Paragraph 2 names CDPA 1988 AND ethical issues on both sides — MS: "Both provide copyright; Open source allows more people to take code... (reverse for proprietary)".
  • Paragraph 3 lists benefits AND drawbacks for BOTH licences — MS: "wider customer base, more exposure, users can alter... / Proprietary — allows programmer to earn money, gives more control, usually well tested".
  • Final paragraph delivers a clear and structured recommendation for the scenario — MS Band 3 descriptor: "The top of the band makes a clear and structured recommendation to the programmer."
  • Balance shown explicitly — positives and negatives of both licences (avoids the L2 cap).

Watch out for...

Always finish with an "I recommend X because..." paragraph — the ER says this is the single most-missed mark on this question. Candidates who described both licences without picking one were capped at Band 2. Do not hedge with "either would be appropriate"; pick one, explain why with reasons drawn from your own discussion, and tie it back to the scenario (downloadable game).