Ethics and Law - Lesson 6
Ethics and Law - Lesson 6 of 6

Open Source, Licensing and Exam Technique

The final lesson covers open source vs proprietary software, software licensing types, and the most important exam technique for this unit: how to write balanced "evaluate" and "discuss" answers that actually score full marks.

45 - 60 min Open source, licensing, Munich LiMux, evaluate questions

In 2004, Munich became the first major city in the world to migrate its 14,000 computers from Windows to Linux - open source, free software. The city saved millions and became a symbol of digital independence. Then in 2017, Munich announced it was switching back to Windows. The headline reason given: too many problems with software compatibility, particularly with Microsoft Office documents. But leaked reports suggested IBM and Microsoft had both lobbied the city hard, and Microsoft had moved its European headquarters to Munich in 2016.

Think about it: Was Munich's LiMux project a failure of open source software, a failure of implementation, or a success that was politically reversed? What does this tell us about open source vs proprietary in institutional settings?
The Munich case is perfect exam material because it is genuinely complex: there are real benefits and real drawbacks to open source, and the "right" choice depends on context. This lesson gives you the knowledge to argue both sides with precision.

Open source vs proprietary software

The most important distinction is about the source code: open source makes it publicly available; proprietary keeps it closed.

Aspect Open source Proprietary
Source code Publicly available to view, modify and redistribute Closed. Not available to users.
Cost Usually free (though services/support may cost money) Usually paid - one-off purchase or subscription
Support Community forums, documentation; no guaranteed support Official vendor support, phone/email/SLA
Security Transparent: anyone can audit the code for flaws. But vulnerabilities are also publicly visible to attackers. Code is hidden from attackers, but also hidden from independent security researchers who might find vulnerabilities.
Customisation Fully customisable - modify the code to your exact needs Limited - use only what the vendor provides
Reliability Varies by project. Major projects (Linux, Firefox) are extremely stable. Smaller projects may be abandoned. Generally predictable release cycles and backward compatibility
Vendor lock-in Low - multiple providers, community can continue development if one stops High - dependent on single vendor's continued existence and decisions
Examples Linux, Firefox, LibreOffice, VLC, Python, Android Windows, Microsoft Office, Adobe Photoshop, macOS, iOS
Real case Munich's LiMux project (2004-2017) - the world's biggest open source reversal

Munich's LiMux project was the most high-profile open source migration in government history. Between 2004 and 2013, the city migrated 14,000 computers from Windows XP to a customised version of Ubuntu Linux called LiMux, replacing Microsoft Office with LibreOffice. The project saved an estimated 11 million euros.

But staff complaints accumulated: LiMux struggled with compatibility issues when exchanging documents with other organisations using Microsoft Office. Certain specialised government software only ran on Windows. The user experience was different enough to require retraining. In 2017, the new city council voted to return to Windows 10 and Microsoft Office, at a cost the city estimated at 49 million euros. Critics pointed out that Microsoft had moved its German headquarters to Munich in 2016, and questioned whether the reversal was technically necessary or commercially influenced.

The real lesson is not that open source is bad or good, but that migration requires whole-systems thinking: compatibility with external partners, training, specialist software dependencies, and long-term maintenance all matter as much as licensing costs.

Real case Heartbleed (2014) - open source transparency as both strength and risk

OpenSSL is an open source cryptographic library used by approximately two-thirds of all websites to secure HTTPS connections. In April 2014, a vulnerability called "Heartbleed" was publicly disclosed. The bug had existed in the code for two years, allowing attackers to read the memory of servers running the vulnerable version, potentially exposing encryption keys and user passwords.

Heartbleed affected an estimated 17% of all "secure" websites on the internet. Companies including Yahoo, Tumblr, and the Canadian Revenue Agency were all affected. The Canadian Revenue Agency had 900 social insurance numbers stolen as a direct result.

The case illustrates the complexity of open source security: the code was transparent and could have been audited at any time, but the critical OpenSSL library was maintained by just four people, two of whom were volunteers, on a budget of $2,000 per year - despite being relied upon by most of the internet. After Heartbleed, the Core Infrastructure Initiative was established to fund critical open source security projects.

Real case The XZ Utils backdoor - a two-year open source supply chain attack (2024)

In March 2024, a Microsoft engineer named Andres Freund discovered, almost by accident, that XZ Utils - a widely used open source data compression library present in millions of Linux servers - had been deliberately sabotaged. A malicious backdoor had been carefully inserted into the software over the course of two years.

The attacker, operating under the pseudonym "Jia Tan," had spent nearly three years building a reputation as a legitimate contributor to the XZ Utils project. They submitted useful bug fixes, built trust with the single overworked volunteer maintainer, gradually took on more responsibility, and eventually gained commit access to the codebase. They then inserted a deeply obfuscated backdoor that would have allowed remote unauthorised access to any system running the affected versions, potentially affecting millions of servers worldwide. The backdoor was discovered just days before it would have been included in stable releases of major Linux distributions, making it one of the most significant near-misses in software security history.

The case raised profound questions about the open source model: critical infrastructure relied on by almost every internet-connected organisation was being maintained by a single unpaid volunteer. The vulnerability of the open source supply chain - where any contributor can potentially insert malicious code - was dramatically exposed. Several technology companies pledged increased funding for open source maintenance following the discovery.

Scenario StartUp Ltd - choosing a software model

StartUp Ltd is a fictional company of 25 employees launching a new customer relationship management (CRM) system. They have two options: adopt an open source CRM (SuiteCRM, free to download and modify, large community) or purchase a proprietary CRM subscription (Salesforce, 35 per user per month, full support, widely integrated with other business tools).

Their IT manager argues for open source: "We can customise it exactly to our needs, pay no licence fees, and our developer can maintain it." Their CEO argues for proprietary: "We need it to work reliably from day one, integrate with our accounting software, and we don't have time to maintain custom code when we're trying to grow the business."

Software licensing types

All software is distributed under a licence that defines how it can be used. Violating a licence is a breach of copyright under the Copyright Designs and Patents Act 1988.

Licence type What users can do Examples
Proprietary Use the software on specified number of devices; cannot copy, modify or redistribute Windows, Microsoft Office, Adobe CC
Open source (e.g. GPL) Use, copy, modify and distribute freely; GPL requires derivatives to remain open source Linux, LibreOffice, Python
Freeware Use for free; cannot modify source code; redistribution varies by licence VLC (also open source), Skype basic, most browser extensions
Shareware Trial use free (time-limited or feature-limited); must purchase licence for continued use WinRAR, early Photoshop trials
Creative Commons Varies: CC0 (public domain), CC-BY (credit required), CC-BY-SA (share-alike), CC-BY-NC (non-commercial only) Wikipedia, many academic papers, Creative Commons licensed images

Exam technique - evaluate and discuss questions

The ethics and law unit is where most marks are lost on "evaluate" and "discuss" questions. These questions are worth 6-8 marks and require a specific structure to achieve full marks.

Command words and what they require
Evaluate
Consider multiple arguments and evidence, reach a justified conclusion. Not just listing points - you must judge which side is more persuasive and explain why.
Structure: Argument for [with evidence] + Argument against [with evidence] + Conclusion that justifies a position. A conclusion that just says "it depends" scores no more than a list.
Discuss
Examine different perspectives or arguments. Similar to evaluate but may not require a definitive conclusion - focus on quality of argument.
Structure: Multiple perspectives + evidence for each + acknowledgement of tensions/trade-offs. Good discuss answers show the student understands why reasonable people disagree.
Assess
Make a judgement about the extent to which something is true or effective. Similar to evaluate - always reaches a conclusion.
Structure: Evidence supporting the statement + evidence against + overall judgement on balance of evidence. Use "overall" or "on balance" to signal your conclusion.
Justify
Give reasons to support a specific position. Less balanced than evaluate; you are asked to argue for a particular view with evidence.
Structure: Clearly state the position + three or more supporting reasons with evidence + acknowledge and rebut the strongest counter-argument.
Spot the weak answer
Read each student answer - then reveal the improved version and mark scheme commentary
Q: "Evaluate the use of open source software in schools." [6 marks]
Weak answer (likely 2-3 marks)
"Open source software is good because it is free. Schools do not have much money so they can save money. However, open source software can have problems. It might not work as well as paid software. Some teachers might not know how to use it. Overall, open source software is a good choice for schools."
Why it loses marks: Only one point per side. No specific examples. No evidence. The conclusion ("a good choice") is asserted, not justified. The answer describes rather than evaluates.
Improved answer (likely 5-6 marks)
Open source software, such as LibreOffice or Linux, would benefit schools primarily through cost savings: proprietary suites like Microsoft Office can cost hundreds of pounds per device annually, which is significant when many schools equip hundreds of computers. These savings could be redirected to teaching resources or infrastructure. Additionally, open source software can be customised by the school's IT team, allowing them to remove unnecessary features or add school-specific tools - something impossible with proprietary software. The transparent source code also allows security researchers to independently audit it, which can improve security over time.

However, open source adoption carries real risks. Munich city council (which ran the world's largest open source migration for 14,000 computers) found that compatibility issues with organisations using Microsoft Office created significant workflow problems. Schools must exchange documents with parents, local authorities and examination bodies who predominantly use Microsoft formats; conversion errors can cause professional problems. Additionally, teachers would require retraining, which takes time and potentially reduces confidence. Dedicated technical support is also absent without paying a third party.

On balance, open source software may be suitable for schools with strong technical capacity and limited budgets, but schools that exchange large volumes of documents with Microsoft-format users, or lack IT support, risk significant disruption. The "free" cost advantage may be offset by training, compatibility and maintenance costs.
Why it scores higher: Specific examples (LibreOffice, Munich, Microsoft Office). Developed points with evidence. Both sides fairly represented. Conclusion is justified with conditions, not just a blanket judgement.
Q: "Discuss the impact of social media on society." [8 marks]
Weak answer (likely 2-3 marks)
"Social media has had a big impact on society. People can talk to friends and family all over the world which is positive. However, some people are cyberbullied on social media. There is also a lot of fake news. Young people spend too much time on their phones which is bad for them. Overall, social media has had a mixed impact."
Why it loses marks: Points are listed but not developed. No evidence or examples. "Mixed impact" as a conclusion adds no value. Eight marks requires substantive discussion, not a bulleted list in prose form.
Improved answer (likely 7-8 marks)
Social media's positive impacts are substantial. Platforms like Twitter and Facebook accelerated the Arab Spring uprisings of 2010-2011, enabling people to organise and share information that state media would have suppressed. In everyday contexts, social media allows geographically dispersed families to maintain close relationships, and enables communities around rare conditions or minority identities to find support that was previously unavailable. For small businesses, social media marketing has democratised access to customers in ways previously available only to those with advertising budgets.

However, the negative impacts are well-documented and serious. Facebook's internal research (leaked by whistleblower Frances Haugen in 2021) showed the company was aware that Instagram was harmful to the mental health of teenage girls, increasing rates of anxiety, depression and eating disorders. Despite this knowledge, product changes that would have reduced engagement were reportedly rejected because they reduced time-on-platform. Furthermore, the "filter bubble" effect - where recommendation algorithms show users content aligned with their existing views - has contributed to political polarisation, with research showing that exposure to algorithmically curated political content increases extreme viewpoints. The spread of health misinformation during COVID-19 led to vaccine hesitancy with measurable public health consequences.

Ultimately, social media's impact is neither uniformly positive nor negative, but the harms increasingly appear to be structural rather than incidental: they arise from engagement-maximisation business models that are in tension with user wellbeing. Regulatory intervention, such as the UK Online Safety Act 2023, reflects a growing consensus that self-regulation by platforms is insufficient.
Why it scores higher: Specific, named examples for every point. Developed arguments rather than lists. Real-world evidence (Haugen, Online Safety Act). Conclusion identifies the structural cause of harms rather than just acknowledging they exist. Approximately 300 words - appropriate for 8 marks.
Lesson 6 Quick Quiz
5 questions - click an option to answer
Question 1
What is the key difference between open source and freeware?
Question 2
Munich's LiMux project is an example of which of the following?
Question 3
A software company releases software under a shareware licence. What does this mean?
Question 4
When answering an "evaluate" question, what must a student do that a "describe" question does not require?
Question 5
The Heartbleed OpenSSL vulnerability showed that open source software is:
Series complete. Head to the flashcard deck or exam practice questions.

Series 6 complete

You have covered all six lessons on Ethical, Legal, Cultural and Environmental Impact. Consolidate your knowledge with flashcards and test yourself with the exam practice questions.

Lesson 6 Worksheets

Three worksheets covering open source knowledge, case study analysis and exam technique practice.

Recall
Licensing Types - Comparison
Complete the comparison table of open source, proprietary, freeware and shareware. Match examples to licence types and define key terms.
Download PDF
Application
StartUp Ltd Decision
Analyse the StartUp Ltd scenario. Write a structured recommendation with justification: which software model should they choose and why?
Download PDF
Exam technique
Evaluate: Munich LiMux
"Evaluate whether Munich City Council made the right decision by returning from Linux to Windows." 8-mark question with model answer, mark scheme and examiner commentary.
Download PDF
Complete the series
Flashcards for all 6 lessons - open source, legislation, GDPR, digital divide and more
Open flashcards
Lesson 6 - Ethics and Law
Open Source and Exam Technique
Starter activity
Ask students: how many open source tools do you use every day without knowing it? Show them: the Android operating system (Linux kernel), Firefox, VLC, Python, Wikipedia, MySQL. Contrast with the apps they pay for or that come pre-installed. Discuss: why do people build things for free?
Lesson objectives
1
Compare open source and proprietary software across 6 dimensions with specific examples.
2
Distinguish between proprietary, open source, freeware, shareware and Creative Commons licences.
3
Analyse the Munich LiMux case to evaluate trade-offs in open source adoption.
4
Write a structured evaluate answer that scores full marks: balanced evidence, justified conclusion.
Key vocabulary
Open source
Source code publicly available to view, modify and redistribute. Free but may lack dedicated support. Examples: Linux, Firefox.
Proprietary
Closed source, usually paid. Full vendor support. Cannot be modified by users. Examples: Windows, Microsoft Office.
Vendor lock-in
Dependence on a single supplier whose decisions and pricing you cannot avoid. Higher risk with proprietary software.
Evaluate (command word)
Consider evidence for and against, reach a justified conclusion. Not just listing - must judge and explain which side is more persuasive.
Discussion questions
If open source software is free, who pays for its development? Is this model sustainable for critical infrastructure like OpenSSL?
Munich switched back to Windows partly due to lobbying by Microsoft. Does corporate lobbying of governments over software choices represent a conflict of interest?
An exam question says "evaluate." A student writes only the positives. Why do they lose marks even if every point they make is correct?
Exit tickets
State two advantages and two disadvantages of open source software. [4 marks]
What is the difference between freeware and shareware? [2 marks]
"Open source software is always the best choice for organisations because it is free." Evaluate this statement. [6 marks]
Homework suggestion
Students write a 250-300 word evaluate response to a past ethics question of their choice. Self-mark using the improved answer examples from this lesson: do they have both sides? A justified conclusion? Specific examples? Bring to the next lesson for peer marking against the criteria.