Kashflow wants to sue AccMan: allegedly

by admin on September 18, 2009

in General

Warning: long post.

Not content with the vigorous debate around my post that Kashflow has a security nightmare it seems the company believes this site has libeled it and damaged its business. Software sales is a mucky business and you’re about to find out just how much.

Top bottom and sideways, Kashflow thinks I have libeled the company by saying (not exclusively – allegedly) that:

Kashflow has no security once you get past the login front door

handed over the keys to the kingdom

“created a security hole”

The company’s CEO requested that AccMan retract these statements suggesting in one email that I might phrase those statements as ‘misguided’ but in another he believes AccMan is malicious towards the company. Specifically that: “What I’d like to see is an appropriately titled new blog post, saying something like you misunderstood the technical side of the KashGuard integration, that you retract the comments that it creates any kind of security hole, that we’ve “handed over the keys” or any inappropriate levels of access to any third parties and the comment that we have no further security beyond the initial log in.” Hmmm…clearly Kashflow hasn’t read the things I’ve said about the Big Four, ICAEW, professionals in general and numerous software companies not excluding SAP, Oracle, Microsoft, Sage, IT Crunch and others

AccMan tried to engage with Kashflow as to the specifics without success, the conversation ending with the assertion from Kashflow: ‘You don’t get it.’ That’s unfortunate because while I don’t claim specific security expertise, I do rely on the opinions of those who are far better versed in these issues. To reiterate what I said at the time:

I called up FOUR developer organizations involved with saas just to check that what I thought was correct. Two laughed out loud, one said ‘weird’ another said ‘bizarre’ and one said: ‘Wow, this is freaking insane.’

For the sake of clarity, I spent hours on the phone making sure that what I was saying is correct – or at least perceptually so – an issue that Kashflow’s CEO acknowledged in this post to AccountingWeb.

What’s more curious though is that in the opening (and threatening) email to AccMan, the company’s CEO suggested that the only people who win are the lawyers so as long as AccMan prints a retraction the case would go no further. I suggested to Kashflow that its assertions put AccMan in an impossible position: acknowledge it is wrong but without providing any hard evidence beyond the words of Sunil from Freshbooks, a company that takes a different view and which acts as counterpoint in its own right and to which Kashflow’s CEO gave AccMan credit. Curious.

In a subsequent email AccMan offered Kashflow the opportunity to publish a guest post without condition as a response. Apart from libel considerations, I would be happy for the company to pose an alternative view. Given the different positions that makes a lot of sense and results in a fair outcome for all concerned. That’s what this blog is about – strong opinions, loosely held and with a right of reply. Kashflow seems to have refused that opportunity despite it would add weight to the Freshbooks position. It seems hells bent on AccMan taking a hit. Fine. If that’s what it wants. But then perhaps wiser people will think otherwise about other facts.

If you wish to claim libel then it helps that you come to court with clean hands. Kashflow’s CEO might struggle in that regard. He is after all a self confessed convicted drug dealer. Everyone deserves a second chance and Kashflow’s CEO is no different but how far does that stretch? Let’s parse a few facts:

According to the company’s website:

KashFlow has received two rounds of venture capital funding from their now chairman, Lord Young of Graffham. Lord Young is a former Secretary of State for Trade & Industry and ex Chairman of Cable and Wireless

That’s not necessarily correct. According to the Registrar of Companies, Lord Young is a minority registered shareholder at £40 out of £100 issued shares but there is no share premium account. Instead there is an ‘other creditors’ account to the tune of £93.000. One presumes that is Lord Young’s financial input but without further explanation that cannot be stated as fact.

Given the tenor of the company’s claim that it has received two rounds of venture capital funding from the chairman, Lord Young of Graffham and the supposition about borrowing then one has to ask whether the company is misrepresenting itself. Why would AccMan say that? Here’s a wikipedia definition of venture funding.

Venture capital investments are generally made as cash in exchange for shares in the invested company. It is typical for venture capital investors to identify and back companies in high technology industries such as biotechnology and ICT (information and communication technology).

Assuming you believe Wikipedia to be correct than according to the last filed accounts, Kashflow cannot make that claim.

According to the last accounts filed at Companies House Kashflow is technically insolvent to the tune of some £22,000. AccMan cannot provide direct conformation because of copyright restrictions but would instead direct readers to view the company’s record at Company’s House. That position could have changed in the time between the last filing and the date of this post but: given AccMan has talked about vendor viability as something any buyer need review, this is an issue over which potential buyers might wish to seek assurances.

AccMan has no issue with Lord Young but given he was cited as the person pushing for a libel charge in the CEO’s email, it is perhaps interesting that AccMan has received no email from either he or his lawyers on this issue. I assume that as a person with a long and distinguished career, Lord Young has better things with which to trouble his time. If not then I am happy to hear from Lord Young on this issue.

In earlier conversation, the company’s CEO claimed that Lord Young gives him more than his fair share of rope upon which to hang himself and that if it was any other investor he might find himself restrained from making certain statements. Either way I would be interested in Lord Young’s personal perspective on the CEO’s aggressive stance against what is after all a blog.

Then there is the question of Kashflow’s own issues: For example Sage took Kashflow to Trading Standards for claiming false statements. Forget the PR value of David v. Goliath: It seems Kashflow backed off from that position claiming:

A long-running spat between Kashflow and Sage has subsided, with an agreement by the SaaS vendor to remove pricing comparisons with Sage from its website. The resolution followed the intervention of Newcastle Trading Standards, which was contacted by Sage at the end of 2008

Then there is the feud between Kashflow and MYOB:

Duane Jackson, Managing Director of KashFlow is today speaking out about what he considers to be under-hand marketing tactics and threatening legal tactics by its much larger competitor and rival Mind Your Own Business (MYOB).

And then there is the issue about whether Kashflow is diligent in its selection of third party partners. AccMan’s original post on the topic was aimed at questioning the veracity of Kashflow passing access control to Atlas Computer Systems. A check on the Data Protection Act website reveals there is no recorded entry for that company. That’s not to say Atlas is not registered but then it is interesting that several of Kashflow’s API partners are not showing as registered on a search of that site. Including a payroll partner.

All of which leads me to believe that while Kashflow is trying hard to change the accounting game, it is less than solid in its approach to third parties. That’s a pity because despite the hubris, Kashflow has served as a beacon for the SME saas industry. Its perceptual appearance is perhaps best summed up in this email I received from a dis-interested person I contacted (and who I will identify if Kashflow decides to pursue this matter through the courts):

Let me get this straight:

- a company signs up for kashflow and can only generate superusers

- they then hand over one superuser to kashguard who in turn issues not-so-super-users

- users get to the application via kashguard

Which means

- kashguard has superuser access to ALL of kashflows customers

- all customer data and transactions now also flow through kashguards systems

Is that roughly correct?

If so, I wouln’t entrust any of them with my kids piggy banks.

Pure madness.

But then I might be wrong. As another said:

…as some of our indian developers would say, it “works as per design”.
It’s not per se a security risk, more a functionality limitation that IMHGO makes the product useless for anything but a one person company.
Now, allowing third party API access through that creates a new issue, namely that Kashgard now has the real power, and the customer completely hands over security management to them. It’s like giving your car keys to your 14 year old son and his partying friends ;)
That’s rough – others think otherwise but… I asserted a part of this in my ‘keys to the kingdom’ statement explanation in email to the company’s CEO.
And before Kashflow considers these are set ups, we have the emails which asked for an honest opinion from correspondents. After all, if Accman is seriously misguided then it will always print an alternative view. If it tells lies then it will be caught out – and rightly so. Speaking of which and as a closure: following AccMan’s post on this topic, Kashflow’s CEO chose to write a polemic about AccMan’s author Dennis Howlett. That post was both scurrilous and libelous in numerous places. Does Lord Young know the extent of those libels? If not then I am more than happy to update his Lordship. Assuming that Kashflow wishes to pursue its course then rest assured AccMan will kick back with clearly established facts that refute that post. Clean hands?
Perhaps Kashflow should be honest in its intentions and take a leaf from my friend Vinnie’s book?
“If a reporter is giving you a hard time, is being unreasonable, you have my permission to tell them to go fuck themselves” :)

But then perhaps Kashflow’s CEO will enjoy being compared to Safra Catz. Either way I will be at SoftWorld filming those who are in attendance. Assuming Kashflow’s CEO is there, I’d love to capture him on video giving me a hard time.

PS – AccMan has more up its sleeve on this one….much more but it is perhaps best to let this one die down for the time being.

PPS – let’s get back to normal programming – much more interesting than a spat between a blogger and a software vendor. I’m sure we’ve all got better things with which to occupy our time. :)


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So have they issued a SAS-70 report?

Can anyone say "Streisand Effect?"

It certainly doesn't seem like the CEO has bothered to read any of your writing. If anyone actually followed your work, they'd know that threatening to sue you is pretty much the best way to guarantee that you'll redouble your efforts to get to the bottom of the affair.

This is one AccMan with bite!

Also funny how you previously spouted about a company taken to courts about slander in the UK, where it is clearly an abusive lawsuit against a REAL journalist, but when you get nailed by the same law for your clearly abusive spouting, you run away crying.

Wrong again - slander is different. Am I crying? Not at all. You must know something I don't.

It really looks like you didn't read or understand Dennis's ZDnet piece on the case between Sam Sethi and Mike Arrington, and the particular issue that he was highlghting . Go back and take a look.

As I said above - have the guts to make your disparaging comments out in the open rather than anonymously.

Venture funding can be venture capital or venture debt. Lending money to a raw start-up is called venture debt, and typically involves a reasonable interest rate and a conversion of that debt into equity on some condition being reached - but at a "discount" (e.g., 30% additional shares compared to the pricing of the next round). As usual, you spout but YOU KNOW NOTHING.

Dear oh dear - did you not read the source of the quote?

The original source is a Kashflow press release which has been picked up by various news sources that says "KashFlow has received two rounds of venture capital funding from Lord Young of Graffham". I've done a bit of searching, but I can't find any further detail anywhere of the sums involved or how Kashflow has used the investments.

Using an alias of "Someone who knows" just makes the rest of wonder who you really are or what you want to hide. If you really want to contribute to this debate, come out in to the open.

It’s no surprise that the “dis-interested” person you quoted wouldn’t allow you to publish his or her name.

“kashguard has superuser access to ALL of kashflows customers”

What a ridiculous thing to say. Do they know what an API. is and how it works?

If you also believe that that is how an API or this particular integration works then perhaps that is the basis of your total misunderstanding of this issue.

Yes - an initial reading might lead to that conclusion which I don't believe to be correct. I believe the point my correspondent was trying to make is that once you have super user access then you basically control the application's access under the KashGuard arrangement.

What "arrangement"?

Didn't Sunir Shahs comments make it clear to you that this is just an API integration like any other? Kashguard operates Kashflow like a marionette - for those Kashflow users who select to use this option. There is absolutely zero impact on Kashflow customers who don't use the Kashguard application

There is no "secuity hole", there is no mass "handing over of keys"

I dont know why you didnt just apologise and retract when you realised you got it so badly wrong. Im guessing the reason is that your one of these people who struggle to admit even to themselves when they are wrong.

It's a great shame that Duane didn't take up your offer of a guest post to state his side of the technical case, and wants to head this issue towards the courts instead. Every way you look at this, it's generating the wrong sort of PR for Kashflow, particularly now that he's dragged his main investor's name in to the mix too. I just can't fathom these tactics.

I wholeheartedly agree with you David.

M

Is this yet another publicity stunt from the irrepressible Duane Jackson?

On the day the death of two more soldiers is announced I only have this to say:

If I was a convicted drug dealer I would keep my head down. The 216th UK soldier was killed in Afghanistan yesterday stopping drugs financing terrorism.

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