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

Thursday, 2010, April 29
Heritage News

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

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


Why no surprise

We should not be stressed or surprised that most Ismaili Leaders did and still do not support Nagib and Alnaz or bother to meet them to find out. Everyone believed wrongly or were led to beleive;

1 Shafik sachedina, M Manji A Bhaloo would not go this far or that
2 Imam would not allow them to go this far, or that
3 Leaders do not have institutional autonomy. and
4 Leaders and Jamat thought Imam enforces guidance and would therefore sack Sachedina or other Leaders.
5 Shafik Sachedina and group is the conduit and control all communication in and out at the Imams office (DJI). Leaders thought Imam is controlling everything, including appointments. In fact Leaders recommends and Imam at time suggests and guides for them to re think.
6 Imam has issued Farmans that Farmans must not be given due to sensitivity. Leaders and Jamat also did not know that it is SSa dn Co who block and change, Farmans and the constitution which is Farman in the public domain. The Leaders and Jamat believed SS and Co were telling the truth.

As much as the publication of this book by Nagib, this lawsuit was also necessary and timely for us as a Jamat. Leaders and the Jamat as a result now know the truth. Shafik Sachedina M Manji, A Lakhani, A Bhaloo and inner circle filed this as a quick knee jerk reaction. Call it their arrogance, power and authority going to their heads. Alnaz and Nagib never believed this would happen or that the 3 experts will confirm the letters were forgeries.

We should not be surprised that most even now are not proactive when they know the truth or they can find out by reading the documents and comments on this forum. This is because in all communities and states the minority control and minority are agents or catalyst for change. The majority supports them. Silence and silent support can speak louder than words at times. Look at the Arab spring. In our case now that more know, every time SS and co say something the reaction or silence by those they address tells them more than words. That is happening today as we speak.

Some Leaders and Jamat after April 2010 when the lawsuit was filed decided to find out. Many more know the truth. It was not until after 15th October 2010, that more Leaders and Jamat realised. They have been learning and coming to terms with this new reality in their own minds. Remember change takes time. Example Egypt Change of dictators was a first step. Change of mind-set will take time as those who are seeking power may do the same. Hence there are more protests there today.

Finally as MSMS said "desire the event". We must make effort and not expect the outcome to be as we wish or when we want or how quickly. Contentment comes from not to expect, and so not to be disappointed. Like BUK we must keep trying and in trying we have not failed. I hope this makes sense to you Kanzie.

Our collective solution is for more Jamat and Leaders to Yes to Sharing and to share Farmans and the truth with other Leaders and the Jamat. This is a first necessary step for every Leader and murid. .

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