Alex is working as an IT Systems Analyst for a small start-up IT company, which has been in operation for two years. The company's main product is a mobile payment system that enables mobile phones to be used as a Point-Of-Sales (POS) device so that businesses such as gardeners and plumbers can use their mobile phone for credit card transactions at their customers' homes. Alex's company supplies both the hardware as well as the software and set them up for their clients' specific use as part of their service. While Alex's company purchases the hardware from another vendor, the software is developed in-house, in which Alex has been involved. The company has been generally successful, but with its newness and the initial investment it made when the company was established, the financial situation is rather tight, and it will go bankrupt if their sales drops in any way. A few weeks ago, Alex had noticed a strange behaviour of the software. It works fine almost all the time, but there are times when the system charges the customers a random number of times. This problem only happens very occasionally, and there is no pattern to the problem. Alex's company has not disclosed this issue to its clients yet, since it fears the negative effects the issue may have on the company and its sales and reputation. Knowing the company's financial difficulty, Alex agrees to remain silent, while also finding technical solutions to eliminate this problem as soon as possible. Respond to the following questions based on the above scenario. The ASC Code of Ethics, consisting of six values, is provided below for your reference. 1. The Primacy of the Public Interest: You will place the interests of the public above those of personal, business or sectional interests. 2. The Enhancement of Quality of Life: You will strive to enhance the quality of life of those affected by your work. 3. Honesty: You will be honest in your representation of skills, knowledge, services and products. 4. Competence: You will work competently and diligently for your stakeholders. 5. Professional Development: You will enhance your professional development and that of your staff. 6. Professionalism: You will enhance the integrity of the ACS and the respect of its members for each other.

Q.6.1 Listone of the actual and potential legal issues (i.e. one actual issue and one potential issue), for which Alex should seek legal advice. (4)

Q.6.2 Listone of the actual and potential ethical issues (i.e. one actual issue and one potential issue) in reference to the values in the ACS Code of Ethics. (4)

Q.6.3 What should Alex have done? A description is required for a possible alternative course of action Alex could have followed to deliver better, if not entirely positive and professional, outcomes, and justify in light of the values in the ACS Code of Ethics. (4)

Read the case and answer the following questions.

Jess worked for two years for a company, 'Games Experience'. Jess worked in the company as a Flash developer making Facebook app games. She had experience both in games development and graphics, having completed a qualification in graphic design. The company was well established in the market because it had developed a unique algorithm to ensure graphics in their games loaded fast. Jess's boss (Alex) liked what Jess was doing generally and the ideas Jess had. Alex suggested Jess could receive a share of the company's revenue if she created a game outside of work hours. Jess agreed to work on the game, which would be an educational game to be used in schools to teach an area of biology. The backend would be created and hosted by the company. This was a verbal agreement, and Jess had no reason not to trust Alex. They had always had a good working relationship, hence she agreed verbally to the plan. Jess undertook some research for the game and presented that to Alex before beginning. Jess developed the game and handed over all the work to Alex. Alex thought the work was good but made no mention of the verbal agreement they had. The company, however, then decided it wanted something different and went elsewhere. The code Jess wrote was now useless to her. Some weeks later Jess discovered that much of her work, including the graphics, had been used to developanother very similar game by another company. Jess decided to leave the company. However, there was a two-year non-compete clause in the contract that she signed.

Q.6.4 Which of the following protections would Jess' work have: Copyright, patent, or a trademark? An explanation is required. (3)

Q.6.5 What is the implication of the non-compete clause in Jess' contract? An explanation is required as to how this clause could limit or affect the actions Jess can take in this situation. (5)