Updated As Of March 9, 2009: Roger Cotner, a colleague and consumer bankruptcy lawyer in Grand Haven, MI, read this article and contacted BestCase for clarification. Mike Lee of BestCase responded as follows:
Thank you for contacting Best Case. We are perfectly fine with you using GoToMyPC and never stated that we would “sue” customers for using the program. If you have any specific questions on when and how you can use GoToMyPC with Best Case, please give us a call at 800.492.8037. I have attached a copy of our license agreement for your convenience. We are sorry for any rumors that might have misled you. We appreciate your support and hope to continue providing you with your Bankruptcy Software needs.
Roger thanks for getting assurances in writing.
Here is the original post for those who want to know what came before Roger’s exchange.
A colleague sent me an email today asking if I could point him to a reliable bankruptcy preparation program. He had called BestCase and asked about using GoToMyPC to log into his office computer at home, and was told that he couldn’t do that under the terms of his license.
Rubbish, said I (actually, I used one of those bad words). The person clearly didn’t understand that my colleague was going to merely access his desktop from home, not install the program on a second machine.
So he called BestCase again to explain the situation.
He spoke with a manager at BestCase about the problem and was told that Wolters Kluwer (the owners of BestCase) could (and might) sue him for accessing through GoToMyPC. She also said they can tell if my colleague accesses the program remotely.
First, the “we can tell if you access remotely,” statement is garbage. BestCase resides on your computer – how would it know if the computer is also running a remote-control system such as GoToMyPC?
Second – and this is the biggie – talk about horrible customer service. Sure, BestCase is the market leader (most likely because nobody’s really done anything to improve on the basic bankruptcy preparation software model so far). But they sell a license per computer – and accessing your computer remotely does not magically give you additional access to the system. If it did, then every vendor of licensed software would have a field day.
So watch your backs, folks – use GoToMyPC to access BestCase on your desktop in the office and you may find yourself the defendant in some bizarre and totally unfounded-in-reality lawsuit. Get your Rule 11 motions handy.
And by the way – I use Bankruptcy2009 from New Hope.
This makes absolutely no sense because BestCase only allows a set number of users per the licensing agreement. Accessing a licensed "slot" through http://www.gotomypc.com is merely operating the local machine remotely. I can't imagine it would violate the agreement. Idiots.
This makes absolutely no sense because BestCase only allows a set number of users per the licensing agreement. Accessing a licensed “slot” through http://www.gotomypc.com is merely operating the local machine remotely. I can’t imagine it would violate the agreement. Idiots.
Jay,
There was a question on Twitter a month or so ago about choosing bankruptcy software and you replied that "All bankruptcy software – except Chapter 7..13 and TopForm – are fungible. Up to user tastes." I tweeted back that I agreed, except for licensing issues. Your blog post above is exactly why an attorney has to be aware of the licensing rights associated with the program before parting with his/her money.
Because I write about bankruptcy software on my blog, <a title="Due Diligence" href="http://rantz.biz/duediligence/" rel="nofollow">Due Diligence, I have been answering quite a few questions recently about licensing issues for attorneys considering bankruptcy software. I've been meaning to get a blog post up about the subject and your post encouraged me to get it done. "Read the License Before You Pay for Bankruptcy Software" chronicles my own licensing disagreement with Best Case.
-Linda
Jay,
There was a question on Twitter a month or so ago about choosing bankruptcy software and you replied that “All bankruptcy software – except Chapter 7..13 and TopForm – are fungible. Up to user tastes.” I tweeted back that I agreed, except for licensing issues. Your blog post above is exactly why an attorney has to be aware of the licensing rights associated with the program before parting with his/her money.
Because I write about bankruptcy software on my blog, Due Diligence, I have been answering quite a few questions recently about licensing issues for attorneys considering bankruptcy software. I’ve been meaning to get a blog post up about the subject and your post encouraged me to get it done. “Read the License Before You Pay for Bankruptcy Software” chronicles my own licensing disagreement with Best Case.
-Linda
Jay:
I think this is Rubbish too. I have 20 licenses now with BestCase, and I know that at least 5 people remote in all the time. Let them sue me. I just need a reason to switch.
Jay:
I think this is Rubbish too. I have 20 licenses now with BestCase, and I know that at least 5 people remote in all the time. Let them sue me. I just need a reason to switch.
It’s high time companies stepped up the customer service, given the power of Google and that we can all call them out on the Web when they act stupid. Most decent EULAs (End User License Agreements) have a provision that allows you to install software on a desktop and a laptop under the same license, with the caveat that you cannot use them both at the same time. Remote access to your machine using GotoMyPC or LogMeIn should fall under the same provision, in my opinion.
It is possible that a very few license sales might not occur due to the capabilities provided by remote access programs – but not nearly as many as will be lost by the bad PR.
It's high time companies stepped up the customer service, given the power of Google and that we can all call them out on the Web when they act stupid. Most decent EULAs (End User License Agreements) have a provision that allows you to install software on a desktop and a laptop under the same license, with the caveat that you cannot use them both at the same time. Remote access to your machine using GotoMyPC or LogMeIn should fall under the same provision, in my opinion.
It is possible that a very few license sales might not occur due to the capabilities provided by remote access programs – but not nearly as many as will be lost by the bad PR.
I am not enough of a techie to know if BestCase can track the computer from which a petition is filed when someone uses the one-touch filing that automatically loads all of the required files into the court's ECF system. I recall being told at a BestCase seminar at a NACBA convention that Bestcase does pull statistical data from the one-touch filings. Which is why some attrneys do not use that feature of BestCase.
I am not enough of a techie to know if BestCase can track the computer from which a petition is filed when someone uses the one-touch filing that automatically loads all of the required files into the court’s ECF system. I recall being told at a BestCase seminar at a NACBA convention that Bestcase does pull statistical data from the one-touch filings. Which is why some attrneys do not use that feature of BestCase.
I am a virtual bankruptcy assistant working with an attorney. I have my own license of Best Case and have been electronically filing petitions for my attorney through my version of Best Case. I called Best Case today about another issue and was told that they noticed that I had electronically filed petitions and that my license does not allow me to do that. They can see from their offices who has filed electronically. The interesting thing is that a few months ago I called Best Case about filing petitions because I had used the manual file button instead of the one button filing. They knew who I was and what my company did. They recommended that I use the one button filing. They knew who I was and recommended and are now stating that I am not allowed to do it!!
I am a virtual bankruptcy assistant working with an attorney. I have my own license of Best Case and have been electronically filing petitions for my attorney through my version of Best Case. I called Best Case today about another issue and was told that they noticed that I had electronically filed petitions and that my license does not allow me to do that. They can see from their offices who has filed electronically. The interesting thing is that a few months ago I called Best Case about filing petitions because I had used the manual file button instead of the one button filing. They knew who I was and what my company did. They recommended that I use the one button filing. They knew who I was and recommended and are now stating that I am not allowed to do it!!