Ismaili.NET - Heritage F.I.E.L.D.Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
In a surprisingly rapid twist of events, both Mr Tajdin and Mr Jiwa have filed their respective statements of Defense this 29th of April 2010. They affirm to being devoted followers who will unconditionally abide by the wishes of the Aga Khan, whom they glorify in their defense.
Mr Tajdin declares that:
He has not been served yet but the ethics imposed upon him by his faith demands that he should not keep in ignorance the public by being silent on the issue and should clarify all of the facts, pertaining to this lawsuit, of which he is aware.
He reaffirms his allegiance to the Aga Khan, is willing to submit to any of his wishes, and is ready to surrender himself and all his possessions to the Imam.
He has been printing Farman books since 1992 with approval and instructions from the Imam received on August 15, 1992 in Montreal.
He has not received any communication from the Imam from 1992 to 2009 instructing him to stop publication.
He cannot stop publication without instruction from the Imam as this would be a breach of his oath of allegiance to the Imam.
All Farman publications were financial deficit projects done as a volunteer service and large numbers of books were distributed free of charge.
Farman sharing is a historic Ismaili tradition which still continues today.
The current Ismaili Constitution does not restrict the right to publish Farmans
Mr Tajdin concludes that:
He has no choice but to await further direct instructions from the Imam.
He reaffirms his allegiance to the Aga Khan, is willing to submit to any of His wishes, and is ready to surrender himself and all his possessions to the Imam.
Mr Jiwa states that:
"This action does not appear to have been authorized personally by the Aga Khan .."
"In distributing Farman books obtained from Tajdin to other Ismailis, he has not violated either the Ismaili Constitution or any Farmans"
He has not violated the copyright act as "Tajdin was given express authority by the Imam" and regardless of the fact that "the limitations period provided for by the Copyright Act also bars this action as the books containing the Farmans were commenced publication in the year 1992", he will still do whatever the Imam tells him to do.
Mr Jiwa clarifies finances:
He "obtains these books for C$50.00 and sells them for C$50.00 or gives them free, without any profit.
"All monies received by him from the sale of (other) books after 2005 were delivered to the Jamatkhanas"
Mr Jiwa further states that:
"If the Imam edited the Farman before releasing to the Jamats, in effect he is superceding the Farman he made orally previously."
He "unconditionally reconfirms his oath of allegiance to his Imam" and "if the Imam does not desire his Farman books to be distributed to the Jamats (...) this defendant will submit to the instructions of His Imam without reservation whatsoever"
Replies From the Plaintiff are due within 10 days, and Affidavits of Documents are due 30 days later.
[Update from May 6: Ogilvy Renault, the law firm which launched the case has asked for an extension of 15 days to reply to the Defense. They claim delays due to breakdown of email servers, blackberry communication, travel of senior lawyer, time difference with Paris etc...The more delays in this file, the more damage it creates to the reputation of the Ismaili community, the Imam and the defendants. It is to the advantage of all parties that this case be withdrawn from the courts.]
[Update from June 22: Defendants have filed a Motion for summary Judgement to have the case dismissed.]
[Update from September 5:
Online Book that gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit:
Copyright Lawsuit 2010: Online Book of All available Materials
News on cross-examinations:
Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04
Latest Development
Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15
As users are asking to read the letters from Nagib and Alnaz on the court docket, the latest have been attached on the following link:
A. Various Court Filings
Revised Factums have been posted Here:
2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion
2010-11-29 Summary Judgment: Defendants' Revised Factums of Motion and of Reply
There has been proven fraud in the recent past in the Aga Khan's domain by the Aga Khan's agents:
Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22
2011-05-25: A Jamati Member who has never met the Defendants volunteered as his brotherly duty to pay the $30,000 that was demanded in the Plaintiff''s submissions and that was accordingly ordered by the judge.
Read the full details of the $30,000 payment directly to H.H. The Aga Khan.
2011-06-16: The Appeal Memorandum of Fact and Law against the Summary Judgment has been filed in court by the defendants on June 16th, 2011.
Read the Full Appeal Memorandum of Fact and Law
Link to Court Docket Case T-514-10
Link to Court Docket Appeal A-60-11
Link to Court Docket Appeal A-59-11
Link to Court Docket Appeal A-156-13
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
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Comments
@ Mansoor: I am not in agreement with the court action in India
Although the dissatisfaction and frustration towards the leadership on your side is completely justified, I am not sure this is the right approach to the correction.
I do believe strongly in batuni side of our faith.I am in love with my Mawla, the holy spirit.
If MHI who is all knowing and has dedicated most of his time(of last 50 years) in structuring and bringing up the Institutions in the community he definitely must have a vision for their roles and performance of the Institutions.
I do not believe that Mukhi kamadias have any spiritual powers.So do not misguide.
They are "representatives only in Jamatkhana for MHI".
Their role is to supervise and conduct religious ceremonies and prayers with needed discipline.
Most of them have no understanding or education or skills to address other issues of the jamat hence MHI has appointed various leaders with different expertise and skills in different departments to help the jamat in the best possible ways.
Since Institutions are human-beings of course they come with all the shortcomings and asssets
It is up to each leader how he wants to serve and at the end there is benefit or loss depending upon one's neeyat and karma .
We sometimes witness the fruits and sometimes not.(Zahiri and Batuni benifits)
But that should not deter anyone from believing in the faith
Every organised religion has some setbacks and no wonder more violance and wars have been waged in the name of religion than any other causes.
We should be very careful in not treading along that path of aggression.
The Copy right lawsuit against Nagib has undoubtedly produced 2 kinds of Questions:
1. How can all knowing Hazar Imam with his impeccable attribute of all "merciful" ever sue his excellent murid for the noble deed of spreading his words of beautiful farmans?
2. If indeed He did not sue but one of his top Aide did then for so long in to the litigation why is he not acting proactively to stop the injustice and stop the lawsuit?
Of course he knows everthing about it all through the time.
My strong conviction is that his "non interference" in this matter is very calculated and will take everone to complete justice!
I am still in complete agreement with Nagib and Alnaz because "they have been Sued" and they must defend themselves.
They are "not suing any one".
They are in complete compliance with Imam's wishes.
They had a very valid reason to suspect fraud and they pursued their defense.
And Mawla came personally and did not tell them that there is no fraud and he himself is the Plaintiff which would have instantly solved the dilemma.
But he did not do for reasons better known to him then anyone else.
On the contrary he hinted differently.
The above two questions bother everyone with average intelligence and understanding.
We all are now waiting to see what is going to be the end?
Hari Ananant anant Ya ali Anante tu jane
Our religion is no democracy or goverment that we can protest against or incite other members to retaliate agaist the leadership.
Faith is a matter of heart and soul.
The grieviances must be adressed with prudence and peace and in keeping with Imam"s guidance
He would never want us to sue his Institutions which he has made in good faith to help the jamat.
Almost entire Institutional membership is "Voluntary: hence there really is no legal accountability but it is accountability of spirit and soul and conscious
Hence the best way is to enter in to dialogue and definately write to MHI a detailed account of the grieviences as a first step.
I doubt if highcourt of India can help at all.Council and boards will turn deaf ear for sure.I am not surprised at their no response attitude.
None of our Institutions are legally registered with Govt or anything and no one bound by any govermental laws etc so what will high court say?
It is your internal affair just settle it and sort out amongst yourselves. period.
Canada case became different because they brought in "Copyright issue" to which western courts are very sensitive to.It is a maistream issue.
Hence they also ignored "Mehmani" issue as a valid consent.
Everone in India is impressed by the movement initiated by "Anna Hazare" and everone wants to be next "Anna"
But his issues are agaist the Govt which is a democratic body in India
Our religion is no Democracy .The word like revolution are totally inappropriate in the context of our faith.
The supreme power for us is" MHI" He is the final authority and if He does not think it is a problem than you better stay quiet.
Otherwise in reality you are protesting against MHI ?
Most of us would not agree or approve of this action.
If you are too unhappy and frustrated leave the faith that would be their stand.
Ten years down the incident of 911 and still in USA we are struggling to restablish our image as muslims
MHI has contantly emphasised to be the Ambassador of our faith and Muslim Ummah at large by good ethical and moral behaviour and being good role models
He has discouraged agression or violant or revolting behaviour at all times even arguement is to be avoided.
So why should you go to Secular courts agaist our own institutions? In other words against MHI?
What revolution are you talking about?
I do not agree in philosophy nor in action with Mansoor
Yes! you can do a " Yagna" or "intense supplication of giriyazari and ibadat bandagi Process" to invoke Allah and help alleviate poverty in India a very very vital issue to die for.No institutions or person can do this without his mercy.
Invoke jamat to get involved in prayer meetings intense jamatkhana attendance . mahmani offerings etc to pleast the spiritual aspect of Imam and invoke him to bless the Indian Jamat to alleviate poverty my lord!
Think ! what will please our Mawla?