Rick,
You are completely correct.
It amazes me to hear people say things like "it is too painful to leave my
vendor no matter how hopeless he is". Consumers have all of the power here
but elect not to exercise that power.
In relation to liability, the argument of the industry is that there cannot
be contractual liability without first quantifying the value of the data.
This never really gets anywhere because the customer has no idea what the
data is worth so the vendor can get a quote on insurance.
Personally I don't think it should be about liability anyway. In data
protection the last thing you want is the cover-ups and never ending
blame-games that would result.
I have been through many facilities over the years, and met many hundreds of
business owners and I can tell you that it is pretty easy to pick the "men
from the boys". Caveat emptor should always be the primary focus when
choosing a vendor.
By all means people should be negotiating hard to get favourable contracts,
but unless you have the resources and will to enforce these agreements they
are pretty impotent.
I think the market is quite capable of sorting itself out. If people are to
get better outcomes they need to actively sponsor competition and reward
innovation, and forget about forcing dud vendors to become something they
are not and will never be.
Gerard
-----Original Message-----
From: Rick Wolf [mailto:[log in to unmask]]
Sent: Saturday, 24 November 2007 3:14 AM
Subject: Re: What should vendors do if they find they have lost tapes from
another vendor?
I have read some of the posts on this subject and thought I would weigh in
with a quick thought or two on the subject.
The development of protocols make sense to a limited degree. The obligation
of a vendor to facilitate ensure the secure transfer of information is
governed by common law theories of contract or tort. However, contracts
with offsite-storage vendors usually have contractual limitations of
liability and lack adequate indemnities to protect the customer's interests.
Hence, there is no incentive to perform in a manner that protects the
information transferred, even if such protocols were endorsed and in place
across the industry. The risk of loss is borne principally by the customer.
In negotiations, customers need to push back on contractual limitations of
liability. The presence of protocols would be a great point of reference in
negotiations. If you are able to negotiate more effectively and shift the
risk of loss, a vendor would be more inclined to use care and diligence in
the transfer and handling of one's information.
Best regards,
Rick Wolf
347 Mt. Pleasant Avenue
Suite 204
West Orange, NJ 07052
(973) 324-0050 (direct)
(973) 324-0052 (fax)
(201) 602-9486 (cell)
www.lexakos.com
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Gerard Nicol
Sent: Tuesday, November 06, 2007 11:57 PM
To: [log in to unmask]
Subject: Re: What should vendors do if they find they have lost tapes from
another vendor?
Larry,
Nobody is talking about moving information from one vendor to another
without the knowledge of the owner.
I am talking about what occurs when a customer exercises their rights to
choose a different vendor.
Unfortunately in business people make all sorts of decisions based on
their emotions and not on what is best for themselves or their business.
I am proposing a protocol that would make it clearer to people how they
can complete the "divorce" without having to rely on people's respective
views of ethics and what might constitute "gentlemanly behaviour".
The protocol would address notification, settlement of accounts, transfer
of information, transfer of chain of custody information and Meta data and
reconciliation of errant information.
Personally I think the existence of such a protocol would be a significant
step forward for the information management industry and for the
management of information in general.
Gerard
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