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
@ Kanzie
Thanks. EOTR means the "End of Term Report" which prepared every 3 years by all national Boards and consolidated by the President and then the draft is discussed by SS and Co and alligned etc. That is happening now as we speak.
OSB means the Objectives, startegies and Budgets - which are also prepared every 3 years and also a 15 year projected OSB is prepared. These are for all our institutions but not shared with all, even with individual Presidents. For example Canada will not know about India and so on (But in Canada's case MM is part of the SS inner circle - The selct will know)
Constitution - This was seigned. See below wjhat Imam signed. (This superseeded.previous and is worldwide one constitution). SS and co as apoliciy did not get Farman read and share this widely iin Jamat ncluding rules. What is also significat is the constitution is a Farman and if that is to be "given" why not all Farmans are given.
Marginalising financial loss,physical threats, and as you say coming down on murids - What they do and for how long and to how many, is not as important as Iman and Bayah( Saying yes to sharing Imams words/wishes/guidances - collectively Farmans). Dua Quran part 4 - There will be protection too, which we may not think is protection, as we think in zahiri limited terms. For example to many why are Nagib and Alnaz being punished.? To many Shukhr they have been given a special Seva at the expense of material comforts and loss. But then they have been the hands and minds who have shared more then arguable at any time in our History since Mawlana Rukhnuddinn Khairushah, and we all know the massacres and deaths of reportedly 100,000 Ismailis, and the assasination of Imam (Imam was the Head of State). Imam tried then to conciliate to protect the lives of others (Jamat and Family). As at Karbala, Mawlana Shamshuddin continued the Imamat.
If it sound familiar in your heart, then it is true. If you are not sure you to can clarify or find out.. But then you need to make a choice and devote time in this search selflessly and with love. As Imam says Allah is above all else and our material success and spriritual progress comes from He who is above all else. Money and positions can buy posessions and temporarily, but cannot buy that special happiness and "contentment". Love, being content, and clean are free If we really want them. When Imam says he is upset and hurt. Imam is upset "for us" knowing what will happen if we continue on this path and not follow the directions of Imam. May more say yes to sharing, to Iman, and to Bayah
Ya Ali Madad