Nine PBS is afraid that it will lose over 70 years of archival materials and programming after its contracted cloud storage vendor has apparently gone out of business. According to Current, the channel used Open Source Storage, or OSS, for storing over 50TB of data — but it suddenly lost access to its data earlier this year. Nine PBS has been working with OSS and its predecessor since 2019 and intended to renew its contract on March 6 of this year. The company never responded and abruptly cut off the station’s data access even though it still had 30 days to retrieve its data after the contract ended.
The station dug a little bit deeper when it discovered that the OSS website no longer existed and was listed as delinquent under the Colorado Secretary of State. It also discovered that OSS utilized Iron Mountain’s services, so it sent a demand letter to the latter to preserve its data and to "pay any reasonable costs associated with its demand." At the time, Iron Mountain did not confirm or deny that it possessed Nine PBS’ data.
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At the same time, the channel also sued OSS and its leadership, which it paused after someone who claimed to be a "managing partner of the group that officially acquired" the company reached out. The person, named James Tramel, initially communicated with Nine PBS for about a month. However, this also ended abruptly, with the channel eventually receiving an automated reply from Tramel stating he is no longer connected with OSS. The channel was able to get in touch with him, and he said that he had "been defrauded" into acquiring the cloud storage company and that ownership and operations have now reverted to the previous owners.
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This left the channel at a loss, so it continued its case against OSS, and the court ruled that Nine PBS had all the rights to access its data stored with OSS and that the latter should "facilitate its transfer to a new vendor." The channel’s attorney also reached out to Iron Mountain to inform the company of the pending case in Colorado; Iron Mountain finally admitted to holding the data. Iron Mountain initially agreed to turn over Nine PBS’ data, but it eventually backtracked and claimed that OSS owned the data it stored. Because of this, Nine PBS now has no choice but to sue Iron Mountain, too, to ensure the data is not deleted.
The entire thing is a nightmare scenario for Nine PBS, especially as it’s still unclear what will happen to its data. The channel can only assume that its former cloud storage provider is no longer paying data center bills, so it’s rightfully concerned that its data might end up lost forever. And even if Iron Mountain is willing to give Nine PBS its data, it risks getting sued by OSS — it is simply protecting itself by refusing to turn over the said stored data.
It seems that the safest legal way to resolve this issue is for Nine PBS to get a court order requiring Iron Mountain to turn over its data. But the channel must act quickly to ensure that its data, which Nine PBS VP and CCO Leah Freeman said to Current represented "70 years of our organization’s history," stays safe.
It's not clear if the channel has backups of its data, but based on its determination, we suspect not. This is strange, though, especially for a major organization, as one can easily purchase a six-bay NAS on Amazon and populate it with the best HDDs. This also goes against the 3-2-1 backup rule, which says you should keep three copies of your files stored in two different mediums, with one of them running offsite. Hopefully Nine PBS will implement a better backup system once it regains access to its data. And at least there's still a chance — it's not like the fire that the South Korean government experienced last year, which saw 858TB of data go up in smoke.
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