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
ALNAZ
Has anybody really thought deeply about why Alnaz ended up being on the defensive side of this lawsuit even though he really was not involved at all in the publication of GE? (By the way MHI has confirmed that He knows Alnaz was not involved)........Think about this. You have all heard the phrase "the guilty always dig their own grave". Also, KHRISHNA was indirectly involved in persuading DURIODHAN to put on his underwear before he went to his mother for her blessing. This lady had willingly put on an eye-mask to become blind (that was her wifely duty because her husband was blind and she did not wish to have any such advantage over him) When her son appears before her, she has decided in her own mind what she has to do. She wants him totally disrobbed so that she can concentrate all her spiritual powers and focus them on to him so that nothing would harm him. However, Doriodhan appears clad in an undergarment to protect his FRONTAL parts as per KHRISHNA's "advice". We all know what happens next.....she cannot focus on those (materially) protected parts and ends up focusing on the rest of his body, and she expresses to him her anger and says that he has dug his own grave. Poor DUSIODHAN cannot understand what is going on......
At the actual battletime, DURIODHAN faces BHIM in a dual that is the speciallty of both rivals, namely wrestling.....
Their fight goes on and on, with no end in sight because both are equals. Then KHRISHNA comes in again and says to BHIM to alter the rules of the dual. Now, if you have read or heard about this, during wrestling fights on the battlefield, no soldier can attack the FRONTAL private parts of the opponent. KHRISHNA very cleverly gives a sign to BHIM, who ends up doing exactly that., with the result that DORIODHAN is left totally helpless and in pain. (By the way, the same body part that initiated the entire battle, his privates, ended up becoming his downfall.....it was his action of making SATI DRAUPADI sit on his LAP that led to the PANDAVES declaring their disgust and anger for DURIODHAN)
Now, where does ALNAZ come into the picture? Again Mr moderator, ALL my take. (sorry for this lengthy posting)
If the lawsuit had only been towards Nagib, who like most of us has not much knowledge of Canadian law and would
have needed massive amounts of resources and money to carry on so far. You can draw your own conclusions. From what I have come to learn, ALNAZ is a rare breed. One of very few Ismaili case-lawyers who have courtroom experience, as well as the wealth of religiuos experience and knowledge, unlike the majority of our legal pool.
Do you all get the picture? I am SURE that the parties concerned are regreting their inclusion of ALNAZ in this lawsuit.
Thank you, moderator, and sorry but I have tried to be brief.