John Deep - Music Download Inventor

I, John A. Deep, plaintiff in the above-captioned matter, as and for my Complaint against defendant David Boies (“Boies”), the defendant law firms of Boies, Schiller & Flexner, LLP (“Boies Schiller”) and Straus & Boies, LLP (“Straus Boies”) (collectively, my “Lawyers”), and other defendants including the Recording Industry Association of America, Inc. (“RIAA”), Trans World Entertainment Corp. (“Trans World”) and major labels, studios and distributors (collectively, the “Labels and Studios”), allege as follows upon information and belief as to all matters:

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

Date: September 28, 2005

I. NATURE OF THE ACTION

1. Boies became my lawyer in November 2000 in return for a substantial contingent interest in my assets, commonly known as “Aimster” (“Aimster”), and in my litigation claims related to Aimster. In consideration for Boies’s promise to provide his services as my lawyer, I paid a 15% equity interest to a company called Datamine LLC. At that time Boies had a reputation as one of the best lawyers in America.

2. I relied on Boies’s reputation both as a lawyer acting as lead counsel in antitrust litigation involving Napster, and also as lead counsel in Al Gore’s litigation in Tallahassee concerning the Florida vote in the 2000 presidential election. As Boies himself represented in a letter on the letterhead of his law firm Boies Schiller, dated November 15, 2000, and signed “David Boies”:

a. Boies had “contacted Hank Barry” – which was a reference, famously, to Napster’s CEO who was preparing for that company’s antitrust and copyright misuse litigation;

b. Boies was “in Tallahassee” – which was a reference, even more famously, to Boies’s widely publicized victory the day before, when a state court in Tallahassee had granted Boies’s request to enjoin the certification of the Florida vote; and

c. Boies acknowledged “Datamine’s 15% equity interest”; understood that I was “working with Bill to set up a consulting firm”; copied the letter to “Bill Duker”; and looked forward to working with me.

3. Despite my reliance on Boies’s reputation as a lawyer and the substantial interest in my assets I gave him to be my lawyer, Boies then contrived a scheme to abuse the trust that I placed in him as my lawyer by making concealed payments to William Duker – who, acting as an agent for Trans World (and in turn for the Labels and Studios), subsequently purchased exclusive rights to my assets while fraudulently negotiating with Boies as my lawyer.