John Deep

In re Aimster Copyright Litigation

QUESTIONS PRESENTED

1. Whether, under Rule 60(b) and this Court’s decision in Hazel-Atlas, Petitioner’s allegation that Respondent Lawyers misappropriated his Aimster software is sufficient at the pleading stage to demonstrate a fraud on the Aimster court.

2. Whether, under the Due Process Clause and this Court’s decision in United States v. Beggerly, an independent action under Rule 60(b) brought in the same court as the original Compact Disc lawsuit requires an independent basis for jurisdiction, where the complaint alleges that Respondent Lawyers’ concealment of the Compact Disc settlement resulted in a violation of Petitioner’s right to due process.

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