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mp3 files have radically changed the music business.  All should learn something about history of this change - those who don't learn the lessons of history are doomed to repeat them.  File sharing on the internet was a central part of the rise of mp3 and decline of the consolidated control of music production and distribution.  One of the earliest better known software programs which enabled peer to peer file sharing on the internet was called Napster. The RIAA sued Napster and successfully caused its demise.

Another program which enabled file sharing emerged called Aimster, which was developed by an internet expert by the name of John Deep.  Aimster was similarly subjected to significant litigation. The significance of litigation which emerged around Aimster has not yet received the attention of the media.  Peculiar and troubling facts are alleged about the legal representation by David Boies on behalf John Deep as a debtor in a bankruptcy filing.  However, BankruptcyMisconduct predicts that eventually Mr. Deep's case will receive significant attention.

When is Legal Representation a Fraud or a Farce?

In the legal industry, "right" and "wrong" does not matter. What matters is "how much money do you have" and "how much can we harm your opponent in terms of cost and delay".  Many business disputes are resolved by litigation which does not run its course, or where the lawyer for one side had a conflict of interest with their opponenet and thus held a financial bias against their own client.  The result is truth and justice is cast aside for the benefit of the most aggressive payors of legal fees.  Thus the U.S.A. has become a peculiar blend of opportunity for productive members of society, as well as for organized crime elements which have members in the legal industry.

How can a software developer be liable for usage by third parties?

BankruptcyMisconduct.com does not believe that a final legal resolution of the claim that the creator of a software program is responsible for every potential use of the program has ever been settled by the courts.  Such finding would run counter to the precedent involving the manufacturers of videotape recorders and audio tapes.  Alos consider: Why wouldn't Microsoft be responsible for producing OS sofware which allowed files to be shared, and for a MediaPlayer which allowed pirated mp3 files to be played?  Why wouldn't the lawyer for an underdog defendant of file sharing software file a cross-complaint against Microsoft so that potential liability is shared?  Such tactics were routinely utilized by lawyers in the CERCLA segment of the legal industry.  As relevant as these questions might be, it doesn't matter as to the significance of some simple legal issues with Boies, the RIAA, and the John Deep litigation.

A Deep Conflict for Boies?

 John Deep's current allegations are startling.  BankruptcyMisconduct unfortunately admits that public servants often protect people of their own kind; rare is the government attorney or judge who allows a brother to be punished.  However, a simple instance of filling a false affadavit of disinterestedness in a bankruptcy case is sufficient to put a lawyer in prison, and it has been done.

We need more information regarding the Deep litigation.  If anyone has information regarding the public record filings in any bankruptcy case of Mr. John Deep, in particular sworn affadavits and fee requests by his counsel, we would appreciate a copy at bankruptcyMisconduct.com.   We will try to post news related to Mr. Deep below, perhaps with highlighted excerpts from his web site.