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Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Date: 
Thursday, 2010, April 29
Location: 
Source: 
Heritage News
20100429-court-filings.jpg

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

Latest News Comments

AttachmentSize
Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB

Comments

Meeting done with ITREB on 14/11/2011

Dear Admin - Umed – Participants – Viewers – Ya Ali Madad and Eid –e- Gadir Mubarak to all. Yes, on 14th Nov 2011, after Eid a Gadir Majlis the said meeting with ITREB Chairperson and CEO in Presence of NCAB Chairman Started at 7:45 till 10:15pm. With me again was one coworker Mr. Shanakat Keshwani Before the beginning , I had internally made a prayer to MHI , to kindly allow me , to keep my temperament in control, as I was with expectations of some certain explanations from ITREB officials , which could hardly suit to mind and heart, which prayer , I think , was partly allowed by MHI. For other side if any such prayer was done, then, it was I think fully allowed. In beginning I cleared that here we are all discussing as Ismillis only - as Murids of Hazar Imam So we will have frank and healthy discussion/s on the issues concerning Jamats but still discussions ended with hot/cold submissions.
During my submissions they agreed to
1) to appoint ITREB committee, to do certain functions in each Jamatkhana.
2) To set Waaras.
3) To increase numbers and timing of Waezins and waezes.
4) To keep balance between Gents and Ladies and at all level of ages also and not only Dua who recites in Arabic style only.
5) To increase timings and Kadis of Ginans between two Duas.
6) One farman daily after two Dua
7) To start SATSANG in presences of Al Waez.
But as I came up to discuss the changes in words of Ginans, cut of Ginans partly or whole, so many Gianans, for which I also asked total how many ginans are there and how many on paat ?- reply was total about 800 ginans out which 215 on paat So I asked why other ginans, not on paat ? also I asked about unavailability of farmans on paat ? they said to my surprise that there is confidential guidance from MHI about this and chair person also told me that she could show me , such guidance , on the condition that after reading it I will not disclose the contents anywhere So, I just stopped her giving me said guidance , saying that before you handover the said guidance to me, I would like to clear that, if I feel and find that the said guidance appears to really the guidance of MHI , then only I would consider it but if not then I will not consider or rely upon. Because my mind and heart were not ready, to have, any such guidance against HIS own farmans and I firmly believe, I repeat, I firmly believe that our beloved MHI is always very much clear on any issue/s and not guiding round round. So she then denied to hand over to me the said guidance to read even. Also I discussed the issue of photograph of MHI, shifted from in front of Jamats to aside for which the chairman NCAB replied that we should not doubt our leaders for what they did was under order of MHI. and chair person Sahiba told that MHI knows it but we don’t know how it happened because it didn’t happen in our time when I said that to know is different thing and to order is different thing. Still my mind and heart were never ready and are also not ready to those fundamental changes in the principles of our religion, about which the Absolute authority of making any change/s in the fundamental principles of our religion is always only with MHI, as per farman of MHI. I also asked about Kalam –e-Imam-e-Mubin part I and II as to why withdrawn ? The reply was we have not withdrawn so I said this volumes are not available anywhere, So you should republish , when they replied that we can’t reprint…….so I said that this are the questions arising in the minds of jamaati members which feeling I have submitted before you when Chairperson Sahiba said me that no , no one in jamaat anywhere raises such question/s , Its only you that raise such question . when I had no alternate but to say to her that you have not left such jamati members with enough capacity to raise any such questions , because , if anybody raised such questions, then he/she had to face bad consequences. I also got her recollected the farman of ISMS , that Moman Mastana Sinh Jevo Hovo Joiye , while you have then done what not required to be done and not done what required to be done and so in absence of real deep knowledge of our religion such jamati members, who could become Mastana Sinh could not become a SHIYAL even, who is always afraid of the circumstances around, in absence of such real knowledge.….. at this moment it was 10:15 pm, the meeting was postponed for next - as to be fixed……then I reached home at 1:30am ….. Ya Ali Madad…


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