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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

Wow ! You are right read

Wow ! You are right read below.

We must all read ask , understand and most important share, because these are our institutions and what SS and Co are doing today will have a negative impact on us and the next generation.

“ The primary objective of AKF (UK) is to support the work of ten AKDN agencies and two universities. It is present in three continents, five sub-regions and thirty countries. To this end, partnerships and funding relationships are cultivated and managed with European and Asian donors, multilateral development banks, and other development finance institutions ..”

UK Govt DFID (Dept of international Development ) Co- funds and gives grants to AKF UK under PPA ( public private Arrangements )

87 Grants worth $ 175 million ( similarly in Canada, USA and EU) - see report below.

Total including what AKDN and the Jamat contributes to Co funded projects is more than $ 600 million per year (This excludes other AKF, AKDN and Jamat funding and assets which runs into billions

PPA contribute to the delivery of the Government Goals by playing a vital role in supporting citizens to improve their lives, delivering services to " specific groups of poor people" and holding governments and others to account. Similarly AKDN including GJ projects are there to play a vital role in funding and supporting the Jamat to improve their well being and delivering services to the very poor vulnerable and the old. And also supporting others where we live and work.

Governments in UK, Canada, USA and EU provide information and reports including on governance and co funded grants through Donor agencies such as AKF and AKDN !

Q 1 to Mr Sachedina and Co,
why are you not similarly providing information, reports including Farmans to the Jamats. I am sure you were well meaning up to maybe 1993, but then your arrogance greed and material self interest took over and has changed your focus and direction. Look at what you are doing with this witch hunt against Alnaz and Nagib.!

Q2
Why AKDN, Governments and World bank use and advocate social audits but not when it comes to our Jamat. You do not even share reports and Farmans , and you marginalise and block your primary beneficiaries, the Jamat. Do you think the Donors agencies are not reading or aware what you are doing !

Please read from your (AKDN) self assessment re social Audit, accountability and transparency.
" The Social Audit Tool has only been used in Afghanistan. With it a community presses its democratically elected body for more transparency and accountability in respect of local grants. It has been well received (in fact it is being taken up by the World Bank for the whole of Afghanistan) because it has the following outcomes:
• It increases awareness amongst the target communities of their rights – particularly the right to information
• It increases the participation of communities in local self-governance
Challenges
• The exercise of doing a LOGOCAT (Social Audit) needs to be done at times that are convenient for people, and with people who already have working relations between CSOs (Civil Society Organisations) and the Govt.
• The exercise needs good facilitators who can explain democratic concepts when these are not so familiar to participants.
• Local Government regulations and structures are, of course different in different places, and the LOGOCAT needs to be adapted.
• Social audits have a need for skilled facilitators who can handle possible conflicts."
Link to AKF UK self assessment for 2009-10 for the UK Government DIFD
http://www.dfid.gov.uk/Documents/funding/ppa/selfassessrev0910/self-asse...

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