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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

Legal, ethical, moral,and

Legal, ethical, moral,and institutional responsibilities of every Board Member and Leadership of AKDN, AKF, NC’s, IIS & all 16 Institutions which are refered to in Shafik Sachedina profile in IIS and as Governor and Head.

Leadership, Boards and Governors of companies and charities are all morally, ethically institutionally and legally obliged to investigate any allegations even those which are denied. Regarding the allegations of forgeries, means they are individually obliged, and therefore they should meet Nagib and Alnaz who are happy to meet them. A defence that this is not their responsibility is not a defence. A defence that they knew but waited for formal proceedings or outcome of a lawsuit is at best a weak defence to rely on.

May be Shafik Sachedina, M Manji, A Bhaloo, Azim Lakhani and others in the 16 institutions have obtained legal and opinions from Mr Gray/Lawyers and ethical opinion from IIS, who drafted some of the AKND code of ethics including the following.

Ethic of Compassion and Sharing - AKDN (Including AKF, NC’s, and IIS) – Does the following not say Leaders must share Imams knowledge and wisdom which Include Farmans as defined by Hazar Imam and most who are pious say every word uttered is wisdom and so knowledge and so a farman.

“A truly enlightened society urges the care of the weak and restraint in their sway by the rich and powerful. Scriptural tradition regards wealth as a blessing, and its honest creation one's duty for it can aid the general welfare of society. "When the prayer is finished, scatter in the land and seek God's bounty, and remember God frequently; haply you will prosper". But when misused or hoarded, wealth is a derisory pittance, an illusory source of power. The pious are the socially conscious who recognise in their wealth a right for the indigent and the deprived whom they help for the sake of God alone, without any desire for recompense or thankfulness from those whom they help.

Charity is not just sharing one's material wealth. Generosity with one's intellectual, spiritual, material or physical wherewithal is highly commended. When withheld, such gifts are a futile burden, "a twisted collar tied to the miser's neck". "One who is more blessed by God", goes an Alid tradition, "is needed more for people". The ethic of voluntary service is, thus, a strongly marked trait of Muslim tradition, celebrated in the example of the Ansar, the Helpers, the honourable title for those citizens of Medina who gave succour to Muhammad and his fellow fugitives when they had to emigrate from Makkah to escape persecution.” Prepared for the Aga Khan Development Network by The Institute of Ismaili Studies, London.

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