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Judge sets framework for Nine PBS to retrieve archival data

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Re: Judge sets framework for Nine PBS to retrieve archival data

#23

I think stories like these highlight the need for clearer (not necessarily more) regulations around contractor/subcontractor/client relationships and what happens when one of them goes tits up. There were rampant issues in the fintech world that exploded when Synapse, a banking as a service provider, went bankrupt and their ledger didn't match what partner banks had in their accounts. End users were told "your deposi…

Whoever claims "your deposits are FDIC insured" needs to be prosecuted as fraud and scam artists. “Your” the company’s deposits in the bank is FDIC insured. My deposit with you the company is not. When the bank goes belly up, your deposit is FDIC secured up to the account limit which is tiny in the scale of things. When your company goes belly up, my deposit is gone.

Re: Judge sets framework for Nine PBS to retrieve archival data

#24

The ruling seems fair and reasonable, and I'm surprised they couldn't come to the same conclusion without a court.

They couldn't really - I doubt Iron Mountain actually objected to giving the data, but in the end it probably wasn't in a position to know what data belonged to PBS and what belonged to other clients of OSS and you'd get very worried if a data storage company gave a companies data to someone else without authorisation.

Re: Judge sets framework for Nine PBS to retrieve archival data

#25
post #23

I think stories like these highlight the need for clearer (not necessarily more) regulations around contractor/subcontractor/client relationships and what happens when one of them goes tits up. There were rampant issues in the fintech world that exploded when Synapse, a banking as a service provider, went bankrupt and their ledger didn't match what partner banks had in their accounts. End users were told "your deposi…

Whoever claims "your deposits are FDIC insured" needs to be prosecuted as fraud and scam artists. “Your” the company’s deposits in the bank is FDIC insured. My deposit with you the company is not. When the bank goes belly up, your deposit is FDIC secured up to the account limit which is tiny in the scale of things. When your company goes belly up, my deposit is gone.

My understanding is that they split the accounts to keep up with the limit. Otherwise though yeah, FDIC will only step in for the extreme minority scenario of failure by the underlying bank. You absolutely should not be allowed to advertise FDIC insurance unless it goes all the way to the consumer.

Re: Judge sets framework for Nine PBS to retrieve archival data

#26
Earlier coverage (St. Louis KETC / Nine PBS sues Iron Mountain for data access):

"Nine PBS sues Iron Mountain over blocked access to archival data" https://news.ycombinator.com/item?id=49285418>

This is working out largely as I'd suggested it should, albeit with a court's intervention. See: https://news.ycombinator.com/item?id=49293058>.

I'd still argue that I.M. should have anticipated this situation, and have some process in place to address it. "See a court" might well be part of that process.

Re: Judge sets framework for Nine PBS to retrieve archival data

#27
post #23

I think stories like these highlight the need for clearer (not necessarily more) regulations around contractor/subcontractor/client relationships and what happens when one of them goes tits up. There were rampant issues in the fintech world that exploded when Synapse, a banking as a service provider, went bankrupt and their ledger didn't match what partner banks had in their accounts. End users were told "your deposi…

Whoever claims "your deposits are FDIC insured" needs to be prosecuted as fraud and scam artists. “Your” the company’s deposits in the bank is FDIC insured. My deposit with you the company is not. When the bank goes belly up, your deposit is FDIC secured up to the account limit which is tiny in the scale of things. When your company goes belly up, my deposit is gone.

> When the bank goes belly up, your deposit is FDIC secured up to the account limit which is tiny in the scale of things.

The FDIC is meant to protect individual people from loosing all of their money from the collapse of a bank, currently at $250k. If you have more wealth than that yet have it all as cash in a single account, then, you're pretty much an ID10T. For regular mere mortals, that's a helluva lot better than a bank telling you to pound sand when they collapse. If you're a business thinking the gov't is meant to protect you, then you are also delusional.

Re: Judge sets framework for Nine PBS to retrieve archival data

#28
post #20

Earlier quoted context omitted.

The initial reporting implied it was some catastrophic data loss, like https://en.wikipedia.org/wiki/2008_Universal_Studios_fire . The truth, while concerning, is a lot more boring. Also some articles and people on social media were unclear that it was just a single PBS station involved, rather than all PBS content. I saw comments that thought that all the archives for Sesame Street were lost.

Apparently PBS doesn't have some kind of massive conglomerate backup or archives of things that its member stations produce. It's up to every station to archive or back up their own stuff. No standardization as to storage formats, NASes, tapes, or anything. Sometimes things are transmitted in painful ways like rebroadcast in off hours over microwave links between members so they can re-record what they lost. Plus the…

It's the original torrent network

Re: Judge sets framework for Nine PBS to retrieve archival data

#29
post #12

Im curious why this topic has been popping up in the news. It seems like a bog standard contractor/subcontractor obligation case.

A non-profit in a deeply unfair situation tugs at the heartstrings.

What is unfair? It seems completely normal and what courts are for sorting out. Iron mountain is acting exactly how I would want them to if they were storing data for me.

If you are wharehousing data, you dont just let your customer's customer come in, look around, and take whatever they want. Even if they have a sob story.

You ask for a court order with specifics.

Re: Judge sets framework for Nine PBS to retrieve archival data

#30

I think stories like these highlight the need for clearer (not necessarily more) regulations around contractor/subcontractor/client relationships and what happens when one of them goes tits up. There were rampant issues in the fintech world that exploded when Synapse, a banking as a service provider, went bankrupt and their ledger didn't match what partner banks had in their accounts. End users were told "your deposi…

If you talk to a lawyer (or, worse, a legislator, many of whom are also lawyers and all of whom are surrounded by them), they will insist up and down that this is a pretty standard custodial arrangement dispute and that the system worked as intended. And I would, very begrudgingly agree with that.

The legal system is perfectly capable of recognizing stolen property no matter how many layers of abstraction you put it through. The problem is always in the fact that the dispute resolution process is too expensive[0] to be useful. If you are defrauded for $10,000; but the legal fees for your representation will exceed that; then that juice ain't worth the squeeze. See also: Bricks and Minifigs.

In the Nine PBS case the judge correctly recognized Iron Mountain as a constructive bailee of Nine PBS's property and created a framework to retrieve their data. The problem is that this took almost half a year of legal work to get to the obvious outcome to make Nine PBS whole.

In Synapse's case, the problem is slightly different, because Synapse is not a bank, they are a reseller of banking services. That's the whole idea behind "fintech[1]" - that we can sell banking services while dodging all the regulatory compliance designed specifically to stop these kinds of issues so long as a real bank is involved. Saying their deposits are FDIC insured is like saying you have auto insurance because you happen to be riding a taxi. Technically correct but misleading and fraudulent. FDIC insurance doesn't cascade into your customers' accounts, because if it did, you'd be a bank.

[0] There's a similar problem with Bitcoin, where only a certain number of transactions can ever be processed per hour and thus it bottlenecks any higher-layer process that intends to use the Bitcoin blockchain as a settlement or dispute resolution system.

[1] "Fintech" in particular is meaningless as all banks are tech companies. They were one of the first adopters of electronic computers, online transaction processing, and a whole load of other things that seem utterly quaint now.

EDIT: changed "years" to "almost half a year", I was too lazy to do another Google search

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