What is bit rot/data decay/link rot?

All these phenomena can be pared down to the corruption or degradation of digital information. While digital information may seem permanent or eternal, like organic material, digital information does degrade overtime which is why this phenomenon is likened to “rot” or “decay”.

Bit rot, also known as data decay, occurs in many forms. For every version of digital storage that has been invented, there is an accompanying form of bit rot/data decay. In its most basic form, all digital information is written and stored as individual data bits that are either ones or zeros. These clusters of ones and zeros create the digital information we see and interact with. Even the words and images you are currently looking at on your screen can be simplified down to ones and zeros. Over time, these bits can inexplicably “flip” – meaning the ones become zeros or the zeros become one. When this occurs, it corrupts the information.  This form of data decay can occur on hard drives which means this happens most often to the files, word documents, images, etc. you save on your desktop in any and all forms (jpg, .doc, pdfs).

In solid state hard drives, another common vehicle for digital storage, data saved in charged electrons stored in microscopic transistors. Overtime, these charged electrons will escape from the solid-state drive. As the charged electrons leak out of the solid-state hard drive, the information stored in them also escapes leading to corrupt or missing data.

Data decay also takes place in older digital storage vehicles. Floppy disks, magnetic tape storage, CDs, and DVDs are all susceptible to bit rot and data decay. The plastic and metals that comprise these digital storage devices break down over time. Exposure to light, heat, and moisture can speed up this process. As the plastic and metals break down, the data stored on them changes and becomes corrupt or disappears altogether.

Another common and form of data decay occurs when hardware and software no longer exist to support the storage vehicle in question. To stay relevant, tech companies are always updating hardware and software. However, this means that eventually hardware and software can quickly become “irrelevant” and unsupported. What was once the pinnacle of safe and secure data storage can quickly become an impenetrable prison for your data.

A related issue to data decay/bit rot is link rot. Link rot occurs when information indicated to exist at a specific location on the internet, for myriad reasons, does not exist. This could be due to a server failure which could corrupt or lose information at a linked location. However, a more common cause is that he information at the linked location is no longer being maintained and has become outdated.

“We may [one day] know less about the early 21st century than we do about the early 20th century,” says Rick West, who manages data at Google. “The early 20th century is still largely based on things like paper and film formats that are still accessible to a large extent; whereas, much of what we’re doing now — the things we’re putting into the cloud, our digital content — is born digital. It’s not something that we translated from an analog container into a digital container, but, in fact, it is born, and now increasingly dies, as digital content, without any kind of analog counterpart.”

How data decay is affecting non-profit arts organizations.

The arts world is especially susceptible to the risk of falling into a “Digital Dark Age”. While many arts organizations recognize the importance of digital tools, they may not have the time, money or staff with required skills and knowledge to stay on top of the latest trends in technology and specifically data storage. Scripts, production and rehearsal notes, design plans, photographs, audio and visual recordings of productions and rehearsals, copies of programs and many other digital artifacts are currently preserved by arts organizations around the world.

Organizations save these digital artifacts for many reasons. An organization may save these artifacts digitally regardless of the artifact’s origins. Some artifacts may be “born digital” defined by Yale University as “materials that are created in a digital format. This includes websites, email, digital photographs, electronic records, and more. Born-digital items are distinct from analog items that are subsequently digitized, such as paper manuscripts or photographs.” Some artifacts, like the paper manuscripts or photographs just mentioned, are digitized and stored because digital archives often take up less space than their analog counterparts. Additionally, organizations may believe the artifacts are “safer” or will be better preserved in whatever digital format they chose compared to their original analog state.

These digital artifacts are most likely stored in or on whatever digital storage vehicle was cheapest and most popular at the time of the archiving process. It is not uncommon for organizations to have things stored on floppy disks from the 80s, CDs from the 90s, DVDs from the early aughts and flash drives and other external hard drives after that. Unfortunately, each of these storage vehicles has relatively short shelf life, especially if they are being stored in sub-optimal conditions discussed above.

As seen on the chart from Storage Craft, many digital storage vehicles, like the CD and DVD which were commonly used less than 20 years ago, are long past their recommended lifespan. If arts organizations have not already updated their digital archives due to a lack of knowledge of the issue, or lack of time, money and/or expertise it may be too late.

Organizations save these artifacts to serve as a reference for remounts or future productions that may be inspired or build upon a concept or process used in a previous work. Organizations may also use digital records and artifacts to communicate their work to the outside world via advertisements, their website, grant reports, and other external facing documents.  Organizations also save these artifacts as a record of local history for their communities and as a record of human creativity. Beyond the short-term issues of organizations losing useful data for their daily operations, we risk losing important records that can help bring nuance and deeper understanding to moments in time, to our communities, our craft, and ourselves.

How arts organizations are addressing these issues.

The first step for many organizations in battling data decay is simply being aware of it. Unfortunately, there is no perfect solution that can be applied to all organizations and situations. However, there are some best practices and considerations all organizations can make, although their specific circumstances may change what the end result is on a case by case basis.

First, an organization should take thorough and honest survey of all digital (and non digital) archives. This can be a daunting task, especially if it hasn’t been done in a while. Knowing what you currently have stored and on what storage devices are a key first step. The organization should also check and confirm that the data and artifacts are still accessible both by confirming they have working hardware and software to access the information, and .that none of the information is corrupt.

The next step is to update and transfer data on old or unreliable storage systems. There are third party companies who can help transfer data from older tech for a small fee if your organization no longer has the hardware or software to do so (assuming the data is not corrupt and lost). Solid-state external hard drives are currently the most common way large amounts of data is saved. The highest end solid-state hard drives can now run diagnostic tests and even correct some levels of corruption in its files when detected. While this may be the most accessible way to currently save large amounts of data, tech experts suggest you fully replace solid state hard drives every ten years.

Additionally, on-site digital archives can be backed up in the cloud. Third party servers can store large amounts of data for a small fee. However, this technology is susceptible to the same risks that an organizations on-site digital archives face. There can also be additional concerns of data privacy and security when utilizing a third-party server for cloud based digital archives.

Once a digital archiving plan has been created, it is best to record best practices for your organization so processes don’t get lost or confused when there is staff turnover. An organizations plan may utilize outside IT consultants and/or vendors to survey, update, and maintain their digital archives.

Each organizations digital archiving plan will look slightly different based on the amount and kind of data they plan on storing, how often they plan on accessing that data, and how much money and IT expertise they are able to commit to this process. Regardless of the tools and processes organizations use, it is vital that our arts institutions are properly preserving records of the art created by, for and about their communities.

References

American Scientist. “Avoiding a Digital Dark Age,” February 6, 2017. https://www.americanscientist.org/article/avoiding-a-digital-dark-age.

“Bitter Rot of Apple.” In Wikipedia, April 4, 2022. https://en.wikipedia.org/w/index.php?title=Bitter_rot_of_apple&oldid=1081011408.

Desire Athow. “Best Cloud Storage of 2022.” TechRadar, April 11, 2022. https://www.techradar.com/news/the-best-cloud-storage.

Fino-Radin, Ben. “Digital Art Storage.” Medium (blog), February 16, 2018. https://medium.com/@benfinoradin/digital-art-storage-e10a7b0e0d89.

“How to Solve 404 Error.” Accessed May 2, 2022. https://help.rockcontent.com/en/how-to-solve-404-error.

MiniTool. “Complete Guide to Bit Rot [Definition, Detection, Fixes],” March 27, 2020. https://www.partitionwizard.com/clone-disk/bit-rot.html.

ProStorage. “Bit Rot: What It Is and How To Stop It From Destroying Your Data,” May 22, 2018. https://getprostorage.com/blog/bit-rot-stop-destroying-your-data/.

Stiemer, Friedrich. “Bit Rot: How to Avoid the Slow Death of Hard Drives and SSDs.” Tech Advisor. Accessed April 22, 2022. https://www.techadvisor.com/how-to/storage/bit-rot-slow-death-of-hard-drives-ssds-3796137/.

StorageCraft Technology, LLC. “Data Storage Lifespans: How Long Will Media Really Last? – StorageCraft,” August 28, 2013. https://blog.storagecraft.com/data-storage-lifespan/.

The World from PRX. “Scientists Warn We May Be Creating a ‘Digital Dark Age.’” Accessed May 5, 2022. https://theworld.org/stories/2018-01-01/scientists-warn-we-may-be-creating-digital-dark-age.

 “The History of Computer Data Storage, in Pictures – Pingdom.” Accessed May 5, 2022. https://www.pingdom.com/blog/the-history-of-computer-data-storage-in-pictures/.

Thomson, Kristin, Kristen Purcell, and Lee Rainie. “Arts Organizations and Digital Technologies.” Pew Research Center: Internet, Science & Tech (blog), January 4, 2013. https://www.pewresearch.org/internet/2013/01/04/arts-organizations-and-digital-technologies/.

Król, Karol, and Dariusz Zdonek. “Peculiarity of the Bit Rot and Link Rot Phenomena.” Global Knowledge, Memory and Communication 69, no. 1/2 (January 1, 2019): 20–37. https://doi.org/10.1108/GKMC-06-2019-0067.

Weinstein, Lauren. “Inside Risks: Bit-Rot Roulette.” Communications of the ACM 42, no. 3 (March 1999): 144. https://doi.org/10.1145/295685.295727.

“What Does ‘Born Digital’ Mean? | Primary Sources at Yale.” Accessed May 5, 2022. https://primarysources.yale.edu/what-does-born-digital-mean.

Some may think of art theft and conjure ideas of heists involving masterpieces from museums and galleries but in this article, I will be referring a much less cinematic, yet no less important, form of theft: theft related to NFTs. This manifests in two ways: 1) an NFT (as I will define in the coming pages) can be stolen from its owner or creator, and 2) a work of art that exists on the internet can be stolen via the creation and distribution of an NFT.  I will focus on the second more complicated example of theft via the creation of NFTs. However, the issue of hackers stealing NFTs is well documented, and no less problematic.

For now, let’s get back to art theft via NFTs. In this case, creative content posted online is being copied, minted as an NFT, and sold all without the artist/creator’s permission. There are a few important and highly nuanced ideas one must understand to fully comprehend this form of art theft.

What are NFTs, really?

First, one must understand what exactly an NFT is. Much to my chagrin, NFT does not stand for “noses feets teefs” as I was promised by many an internet meme, but instead stands for Non-Fungible Tokens.

The technology for NFTs has existed since 2014 but started gaining global attention and popularity in early 2021.

Non-Fungible Tokens are a product of blockchain technology, the same technology that creates bitcoins and other cryptocurrencies. Ultimately, NFTs are meta-data that act as a receipt or certificate pointing towards an intangible asset housed on the internet. Blockchain technology enables the creation of a unique and secure receipt or certificate for a digital item. When a digital item is created, as is the case with cryptocurrencies and NFTs, the blockchain “holds” a decentralized record of that item. The key difference between NFTs and cryptocurrency is the “Non-Fungible” part.  

One of the most illustrative analogies is comparing an NFT to a copy of a book like Carolyn Keene’s Nancy Drew Mysteries while comparing one bitcoin to a US $1 bill. Each copy of Keene’s book can appear identical while being completely unique and may have different values on the market. Additionally, the book cannot be broken down into smaller pieces and sold (this is the non-fungible part of NFT coming into play). In contrast, a US $1 bill is also unique thanks to a serial number, but after that, a single US $1 is valued the same as every other $1. Additionally, the worth of that dollar can be broken into change. If this analogy didn’t clear things up for you, you are in good company. Unfortunately, things only get more convoluted from here.

Specifically related to the issue of art theft via NFTs, we need to determine if an NFT includes anything in addition to the meta-data (or “receipt/certificate” for anyone who still feels queasy from even reading the word “meta-data”). The crux of art theft via NFTs really comes down to this point and the answer is not consistent for every NFT minted and sold. Some NFTs exist purely as the meta-data (receipt). To be more explicit this is like owning the receipt from the purchase of a Nancy Drew Mystery novel without owning the book itself. Some NFTs include a digital copy of whatever the receipt refers to (an image file, music file, text file, etc). To refer back to our analogy, this is like owning both a copy of the novel and holding onto the receipt. There may be stipulations to how you can use the file. For example, you could be allowed to personally open the file, but not post it for others to open just as you can read your copy of the novel, but you can’t turn that story into TV show without additional permissions. And finally, some NFTs include the meta-data, a copy of whatever the receipt refers to, and the copyright to that file. This is like owning both a copy of the novel, a receipt, and the publishing rights for all future copies. The distinction between these three categories of NFTs that are minted and sold are often misrepresented (sometimes intentionally) by sellers or misunderstood by buyers and even reporters writing about this latest art phenomenon.

Copyright Law in Regards to NFTs

Now that you are a newly minted NFT expert (one who surely understands and appreciates that joke), let’s move on to The Digital Millennium Copyright Act. Passed in 1998, the Digital Millennium Copyright Act, commonly referred to as DMCA, amended U.S. copyright law with an eye towards protecting copyright from innovations related to the internet and other technologies that could be used to thwart traditional copyright law. In relation to NFTs, the DMCA has specific provisions that govern copyright law today.

• The person who creates or generates a work of art or piece of creative content does not need to actively register that content with the US government to have sole ownership rights. Any unique creative content that is posted or published online is protected from art theft. This includes images or other digital files uploaded to Twitter, Facebook, or any website.
• Online service providers (like YouTube, OpenSea, or any other media hosting platform) are protected by a “safe harbor” rule that states that they cannot be penalized for copyright infringement that takes place on their website if they create “notice-and-takedown” system. These online service providers must designate an agent to receive, review, and act upon grievances brought up in good faith by any individuals claiming their property was used on the site without their permission. This protects online service providers from harm as it is difficult for them to screen the massive amount of data being posted to their sites and it protects artists by giving them what is supposed to be a relatively easy and free pathway to protect their work without the money and time required for formal litigation.
• Ignorance is not a defense against copyright infringement. If you unknowingly purchase a stolen work of art and try to utilize or re-sell that art you can be severely financially penalized.

Here is where the DMCA falls short in practice when artists and other content creators have their work stolen and turned into NFTs.

1) Creating copies of digital work or digital copies of someone’s work is as easy as clicking a button. Additionally, editing software is becoming more powerful and easy to use, so almost anyone can remove watermarks or other tools previously employed by artists protect their works from theft. This means almost anyone including bots can make digital copies of anything posted on the internet without anyone knowing, including the original poster.

2) The internet is vast and if, as established in the DMCA, it is nearly impossible for large online service providers to keep track of what gets posted on their site, it is even more difficult for an individual artist or content creator to monitor every corner of the internet for unauthorized copies of their work. Minor strides have been made using bots to screen for illegal activity, but there are limitations to this solution. Currently, bots are only able to screen files that have been uploaded to specific websites so art thieves can easily avoid the sites screened by such bots.

3) Finally, assuming an artist learns of their artwork being used without their permission, and they report it using the site’s mandated “notice-and-takedown” system, and the site actually takes action promptly (the amount of time a site must process and act on such reports is not spelled out in DMCA) since NFTs and other cryptoart can and is often created and sold completely anonymously, there are few serious ramifications that cryptoart-theives actually face. If an account is shut down, they can easily resurface using another account and continue to mint and sell NFTs using stolen files.

Additionally, if you think back to an NFT in its purest form being only that receipt, not the file itself or the rights to the file, some argue that minting and selling an NFT regardless of the content it is pointing to, cannot be illegal. Afterall, if I write “You now own Nancy Drew and the Hidden Staircase” on a piece of paper, and sell that paper – not a copy of the book, nor a contract that outlines and includes the rights to the story – just that paper, I have not broken any laws. Some argue that is all any NFT is and if the buyer doesn’t understand that and then goes to make a new Nancy Drew movie, only the buyer of the NFT could be held responsible, the seller would not be liable or even necessarily traceable. Afterall, the DMCA makes it clear that ignorance is not a defense against copyright infringement. The complexity and lack of education around NFTs leads buyers to be at risk of thinking they are purchasing a valuable work of art and ending up with little more than a digital serial number.

Conclusion

Let’s think back to our dear friends Picasso and Stravinsky and remember this proverbial tale is old as time. Art is the twin born only seconds before art theft and digital art theft has always been an issue that artists face when trying to publicize or sell their work online. However, the sensationalism of NFTs as the new “it” thing in the world of art, tech, and finance paired with the high price tags associated with many NFTs and the ability for people to steal a vast amount of art with minimal effort thanks to bots has only intensified the issue.  Many artists have been driven away from digital platforms as they no longer feel like safe or profitable tools for advertising or selling their art. As artists flee from these platforms as marketplaces, they are also being forced to abandon online artistic communities where they could once find friendships, collaborators, peer support, and inspiration.

This fact is even more distressing when you consider that many digital platforms and NFTs were created with the goal of supporting and protecting artists and content creators. These tools were meant to democratize and art and art markets by protecting ownership rights while making access to all manner of art easier for anyone with internet access. Instead, they have put a stranglehold on creative content generation, manufacture artificial scarcity, and financially reward investors and prospectors over artists and art lovers.

References

Berg, Chris. “Non-Fungible Tokens and the New Patronage Economy,” March 22, 2021. https://www.coindesk.com/business/2021/03/22/non-fungible-tokens-and-the-new-patronage-economy/.

“Calling All Creator Platforms to Fight Art Theft by Team on DeviantArt.” Accessed February 27, 2022. https://www.deviantart.com/team/journal/Calling-All-Creator-Platforms-to-Fight-Art-Theft-901238948.

Dash, Anil. “NFTs Weren’t Supposed to End Like This.” The Atlantic, April 2, 2021. https://www.theatlantic.com/ideas/archive/2021/04/nfts-werent-supposed-end-like/618488/.

Dexerto. “Top 10 Most Expensive NFTs Ever Sold,” February 17, 2022. https://www.dexerto.com/tech/top-10-most-expensive-nfts-ever-sold-1670505/.

Gerard, David. “NFTs: Crypto Grifters Try to Scam Artists, Again.” Attack of the 50 Foot Blockchain (blog), March 11, 2021. https://davidgerard.co.uk/blockchain/2021/03/11/nfts-crypto-grifters-try-to-scam-artists-again/.

Gizmodo Australia. “NFT Theft Is Still Plaguing DeviantArt, Despite Fraud Detection Tool,” December 20, 2021. https://www.gizmodo.com.au/2021/12/deviantart-nft-theft/.

Hagan, Karsh. “Using NFTs to Protect Creative Works | Karsh Hagan.” Karsh Hagan Advertising, May 24, 2021. https://karshhagan.com/news/2021/05/24/using-nfts-to-protect-creative-works.

Kinsella, Eileen. “‘All My Apes Gone’: An Art Dealer’s Despondent Tweet About the Theft of His NFTs Went Viral… and Has Now Become an NFT.” Artnet News, January 5, 2022. https://news.artnet.com/market/kramer-nft-theft-turned-nft-2056489.

Liscia, Valentina Di. “Artists Say Plagiarized NFTs Are Plaguing Their Community.” Hyperallergic, December 28, 2021. http://hyperallergic.com/702309/artists-say-plagiarized-nfts-are-plaguing-their-community/.

Mattei, Shanti Escalante-De. “Thieves Steal Gallery Owner’s Multimillion-Dollar NFT Collection: ‘All My Apes Gone.’” ARTnews.Com (blog), January 4, 2022. https://www.artnews.com/art-news/news/todd-kramer-nft-theft-1234614874/.

Munster, Ben. “People Are Stealing Art and Turning It Into NFTs.” Vice (blog), March 15, 2021. https://www.vice.com/en/article/n7vxe7/people-are-stealing-art-and-turning-it-into-nfts.

Nast, Condé. “An Artist Died. Then Thieves Made NFTs of Her Work.” Wired UK. Accessed February 23, 2022. https://www.wired.co.uk/article/nft-fraud-qinni-art.

NBC News. “Artists Say NFTs Are Helping Thieves Steal Their Work at a Jaw-Dropping Rate.” Accessed February 23, 2022. https://www.nbcnews.com/tech/security/nft-art-sales-are-booming-just-artists-permission-rcna10798.

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“OpenSea Faces $1 Million Lawsuit over Stolen Bored Ape NFTs.” Accessed February 23, 2022. https://www.engadget.com/open-sea-facing-1-million-lawsuit-over-stolen-bored-app-nft-133044623.html.

“The Digital Millennium Copyright Act | U.S. Copyright Office.” Accessed February 26, 2022. https://www.copyright.gov/dmca/.

The Gamer. “Artists Share Their Frustration Over Stolen Artwork Becoming NFTs,” January 19, 2022. https://www.thegamer.com/artists-share-their-frustration-over-stolen-artwork-becoming-nfts/.