Actually, outsourcing is designed to be cheap, not to lower risk. Trusting the lowest bidder to an important task usually results in disappointment.
If all the legal work was done properly, the vendor would end up in court with their insurer.
I think maybe the TV producer's lawyers think that suing the internet host into oblivion will get their TV show back?
If this was indeed a risk transfer outsourcing agreement, everyone who was involved in vetting and approving the hosting contract should be fired and possibly sued for negligence.
You mean like a pinata?
There's up to two fools here:
- If the hosting company does not have a disclaimer in their contract that the data backup onus is not on them, then they deserve to be sued for all they got.
- The TV producer should keep their own backup. Trusting a third party blindly with your most precious data is simply stupid, and unworthy of anyone involved with IT in this day and age. I would back up data even if the host did have a contractual obligation to back up my data. Shit happens, it's not a matter of "if", but of "when".