QuickBooks Hosting Mistakes

Filed in Intuit QuickBooks by on April 22, 2010

Everything I hear about the QuickBooks hosting mistakes makes them worse. I hate writing about QuickBooks hosting mistakes, but private conversations and emails with our QuickBooks friends left me no choice. Search: new QuickBooks hosting (below)

QuickBooks hosting mistakes limited QuickBooks to five users in a file at once SIMULTANEOUSLY, when Enterprise allowed 30 users. The new QuickBooks hosting mistakes let Certified QuickBooks ProAdvisors self-host. This leaves out three times as many untested QuickBooks ProAdvisors, though a giant Intuit diploma mill still helps them overcharge QuickBooks users for unproven advice. However, the new QuickBooks hosting mistakes let equally untested QuickBooks Enterprise ISPs self-host, because they pay $2,500 a year instead of $449. The new QuickBooks hosting mistakes also criminalizes all in-house Terminal Server and Citrix users, who probably vastly outnumber out-house Terminal Server and Citrix users.

The new QuickBooks hosting mistakes effectively require commercial hosting company executives to plead guilty to criminal copyright violations, without a Miranda warning. That is because the new QuickBooks hosting mistakes use a copyright violation approach, when top Intuit execs very actively, consistently, and enthusiastically encouraged massive criminal copyright violations for many years. Many, like me, will testify to these new QuickBooks mistakes. However, it is very silly to think we will have to testify to this fact, since Intuit always actively supported QuickBooks Enterprise under such criminal-copyright violating hosting.

The new QuickBooks hosting seeks to kill companies Intuit executives built, knowing they were encouraging criminal copyright violations. It is silly that new QuickBooks hosting executives do not remove the QuickBooks Software License Agreement prohibition on shared computer use, when QuickBooks and all network servers violate it. It is silly that Intuit execs do not purge their own criminal co-conspirator liability, by doing what their acts always guaranteed: removal of the shared computer prohibition in the QuickBooks Software License Agreement. Intuit can now license every criminal copyright violator. However, it is very silly to think that this will grant its executives, hosting company executives, and hundreds of thousands of QuickBooks USERS immunity for past crimes. Top Intuit execs must admit that their acts guaranteed the removal of the shared computer provision. This is the only way top Intuit execs can protect themselves, and all these well-meaning individuals, from criminal charges. It is clear that, if Intuit does not do this, any prosecutor can file these criminal charges without Intuit consent.

If the QuickBooks hosting mistakes persist, there may be tragic consequences for CPAs, Realtors, architects, engineers, doctors, lawyers, and other licensed professionals. Large numbers of such professionals may well have a history of using unlicensed QuickBooks hosting. Even those using the three licensed providers, may well have a history of using these or other QuickBooks hosting providers before they became licensed. The current QuickBooks hosting mistakes criminalize this. Legitimate later licensed use cannot purge such crimes. Intuit can only protect them by removing the shared computer use provision from the QuickBooks Software License Agreement.

Many federal and state professional boards, regulating these professions, can sanction and suspend members pending expensive appeals. The thousands of QuickBooks hosting companies would do well to notify the members of these and other professions about this matter. They also should raise the ante by having complaints against many members filed with the regulatory boards. It is, of course, accurate to say that Intuit is trying to make all these professionals criminals retroactively. The Constitution protects against ex-post-facto laws. However, it does not protect against later criminal charges, where offenses were always against the law, unless an unlikely statute of limitations applies. It will take a judge and jury to decide if our crimes were defensible.

You may to defend yourself by proving that (for example) a President and his Administration were notorious public drinkers during Prohibition, or that top Intuit executives actively encouraged your copyright violations, as I surely will. It will be tragic for Intuit if we must sue QuickBooks friends over this, by making them involuntary (but richly deserving) civil co-defendants and criminal co-conspirators. However, that will be the inevitable class-action result if Intuit acts against even one hosting company or QuickBooks user. I will facilitate this partly by becoming an affiliate seller for many hosting companies. If Intuit then acts against any of the companies, I will have my own basis for a class action countersuit. Of course, the class will then seek financial damages, damages to reputation, and monopoly sanctions.

One big QuickBooks hosting mistakes involves Intuit’s apparent plan to act against QuickBooks hosting companies. There may be precedent for this in the Napster and related cases, where the companies created a platform to facilitate copyright violations. However, none of the cases followed anything like the many years of QuickBooks inaction (laches) and the very active encouragement by top Intuit executives. The other critical difference involves venue. Venue refers to where you try cases and applicable law. Most QuickBooks hosting companies do not license QuickBooks. They simply install user copies of it on their servers. These hosting companies are, therefore, exempt from a QuickBooks Software License Agreement provision that requires most QuickBooks users to litigate in California. This means Intuit will face lawsuits all over the world.

For example, all you will need for an Indian judge and jury, with Indian laws, will be to get a few of the many Indian hosting companies and QuickBooks users to sue. They can serve a visiting top Intuit executive or ME! I will gladly go to India (or elsewhere) if necessary, to facilitate any such litigation, to the best of my ability. I will do so because I clearly induced many such companies to enter into and expand QuickBooks hosting and outsourcing businesses, while doing business with several of them. I did so partly in connection with my “Secrets of Outsourcing” cover story in Accounting Technology magazine. Top Intuit executives arranged this story after tremendously encouraging representatives of one such company. Of course, if named as a defendant, I will then gladly make Intuit a co-defendant, while cooperating with QuickBooks hosting companies on where to try cases.

I often testified in court. A federal case resulted in a big U.S. Supreme Court win. A lawyer-type appearance, before Florida’s Supreme Court, was equally successful. I am now trying to conservatively Intuit damages if it keeps trying to collect a paltry amount of new QuickBooks hosting revenue. Damages may be in the billions. Under SEC law, far smaller claims require financial statement disclosure. Claims this big should cause immediate significant damage to Intuit stock prices.

I am now positive that the QuickBooks hosting mistakes will result in major litigation unless Intuit finds a better approach. The QuickBooks hosting mistakes will cost Microsoft and Citrix thousands of high-ticket sales, so they may well join a suit against Intuit. There also should be monopoly investigations here or in the European Common Market, not to mention a Florida Constitutional amendment petition. The Indian outsourcing industry might well apply to the World Court.

Under the circumstances, it may be fatal for any QuickBooks hosting company to complete the new QuickBooks hosting documents. These documents contain financial, operating, and security data that would wreck any company in any industry, However, Intuit expressly says that it may make this public. Even if it does not, the certain litigation will do so.

Then there is the timing of QuickBooks hosting mistakes payments. The very few hosting companies invited, after surviving an initial $3,000 security audit, will prepay $15,000 one year and $3,000 in later years, They also will pay $5 / customer / month at the beginning of each month. Yes, at the beginning of each month, before hosting companies know how many customers they really have. I do not yet know if the QuickBooks hosting mistakes also will require payment for the very common free trial customers, but it seems likely.

As I said, I hate writing about QuickBooks hosting mistakes, but private conversations and emails with our QuickBooks friends left me no choice.

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