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Originally Posted by Braincash Fred
... all lawyers agreed that a remote server from a 3th party, can't be considered as your place of business. They compared this as doing business with a dentist or a doctor and assuming that you can use their office as your place of business. The 3 lawyers there concluded it was not a possible solution and that anyone who would recommend something like this is running into some serious troubles.
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I asked this question at that panel because i have talked to a couple of companies who are creating 2257 compliant databases and have been getting legal opinions that you could have a remote server/database manage the records.
It was good to get some consensus from the attornies on this issue, and i hope that all those bright software developers who are going down the path of developing/releasing 2257 software based on the idea of remote database should get a second legal opinion.
it was clear to me, based on Clyde's and JD's viewpoint as defense attornies, that the DOJ may want to seize records and computers.. and thus the requirement and absolute necessity to have your electronic 2257 records on a dedicated machine, in case they decide they want to take the whole thing.
Fight the third opinion!