Nirvanix - Luzo discussion: a way forward

Following email exchanges, I was invited by Jonathan Buckley of Nirvanix to discuss the situation with the Mediamax users data residing on the server system inherited from Streamload and did so on Friday (1 August 2008).

Background to the conversation

The focus of our discussion was on a way forward to reunite as many people as possible with data that did not transfer from the Mediamax system to The Linkup system. For the historic situation regarding the split of Streamload into Nirvanix and Mediamax, see the Nirvanix blog.

Nirvanix insist they have operated as separate companies since the split and dealt with Mediamax/The Linkup as a customer of their storage service. Nirvanix also reiterates that the Mediamax data is stored on the system inherited from Streamload and that its new Storage Delivery Network (SDN) offered to their 400 new customers is a different system. Further Nirvanix stresses that the problem with accessing Mediamax data that did not make it into The Linkup is due to the Mediamax database not being on-line and not due to any problem at their end.

We did not discuss the history of the files being accidently deleted from the Streamload servers prior to the splitting of Streamload into Nirvanix and Mediamax. This has been the subject of much conjecture of a conspiracy to get rid of legacy data. It seemed evident last year that this data had gone for good. The priority has to be reuniting people with data that is recoverable. The issue of compensation for lost data may be an issue for a possible Mediamax bankruptcy hearing (see below).

In an email prior to the invitation to call, Nirvanix stated that they were trying to make contact with Mediamax with the view to persuading them to restart the front end. As the Nirvanix blog was saying there was no assistance that Nirvanix could give to Mediamax users, I welcomed this and was particularly keen to know what the practical difficlties are for achieving this and how they can be overcome.

The 8 August deadline

The Linkup front end is due to go off line on 8 August and users were told by The Linkup to download data before then. Nirvanix is keeping the servers online until 8 August. Nivanix has not been notified of any pending Mediamax alternatives to the 8 August closure as of this call.

I asked whether the data would then deleted after 8 August. Nirvanix said that, as there will be no front end from Mediamax or The Linkup operating to access the data after 8 August, it will be taken offline. However, even though it costs Nirvanix money, Nirvanix will continue to store the data. Nirvanix would welcome a third party to come in to assist Mediamax users. Without the Mediamax database it is impossible to identify who owns what data by design.

So the first piece of good news is that the 8 August is not the end of all hope. The data will continue to be stored, though not indefinitely (see below).

Retrieving the database/front end

Nirvanix says it is unable to make contact with anyone from Mediamax and they are in the same situation as users in this regard.

Mediamax needs to provide access to the database, which is not stored on Nirvanix servers, but by a third party, savvis.net

In a last communication from Mediamax/The Linkup to a user, it was suggested that the company is filing for bankruptcy. Certainly there are creditors looking for money from the company, not least users who paid fees running through this year and on into 2009.

As a major creditor Nirvanix expects to be informed of any bankruptcy hearing and has agreed to inform us when they are informed. If we can turn up to the court, or contact Mediamax lawyers in advance of that, we should be able to obtain answers regarding the database.

As the database is arguably one of the few assets that Mediamax posseses its handover could perhaps be offset against refunds of fees and handed over to users.

My view is a possible bankruptcy hearing is a good milestone for all involved. If Nirvanix can maintain the data until we either have a response from Mediamax or are able to raise questions at the bankruptcy hearing that will be welcome. We will then know if it will be possible to restart the front end. Any information people have about US bankruptcy law and when and where this will be filed would be appreciated.

How to restart the database/front end

There is, of course, the possibility that Mediamax can be persuaded to restart the database to give people time to access their data. If not and we have to retrieve the database ourselves as suggested above, then the question arises of how to run it.

There have been comments on this blog suggesting another company may be interested to take this over. Nirvanix told me they would be sympathetic to any approach being made to them by such a company, but none has been made at present.

If anyone has any information or contacts who may be interested, please put them in direct contact with Nirvanix and ask them to keep us posted via this blog.

It may be we have to set something up ourselves, or come to an arrangement with Nirvanix or another company to host the database.

Setting up our own register of Mediamax users

I suggested to Nirvanix that the users group could set up a register of people who are interested in retrieving data. This would give an indication of the level of serious interest to them and any third company interested in restarting the database. We could publicise this registration process ourselves and call on Mediamax to alert their customer list, perhaps as a request to any bankruptcy hearing.

If people agree with this, we could perhaps set up a website with a simple registration form and database, obviously respecting data-protection regulations. Please contact me if you are interested in helping with this.

Conclusion

This posting has been shared with Nirvanix to confirm it is an accurate record of our discussion. In summary, this is what they said and I suggested:

1. When The Linkup switches off their front end, no data will be accessible, but it will not be deleted. The data, including that available through the old Mediamax system, will continue to be stored at Nirvanix on the old Streamload system (separate to their new SDN).

2. Storage cannot be indefinite due to costs, but Nirvanix is making efforts to contact Mediamax to persuade them to restart the front end so people can access the data. A possible bankruptcy hearing may be a good time to take stock of the situation, if Mediamax is not heard from before then, as it should provide clarity as to whether data will ever be recoverable. Anyone with expertise in this area please contact me.

3. Anyone with information on possible intermediary companies interested in restarting the Mediamax front end should encourage them to contact Nirvanix and keep us informed.

4. To keep users updated on developments and to show the level of serious interest in recovering data, we should consider setting up a register of users. If you can help with this, again, please contact me.

Nirvanix has said it will keep us informed of developments at their end.

Please let me know your views by commenting below or by email.