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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

Mulakat- If one (sharing)

A very young Mawlana Shah Karim (20 years old) visits E.A. for the second time. The first visit was for Bayat strictly after He took over as the New Imam of the atomic age. His second visit was more celebratory, including 3 Takhtnashinis as well Bk and others, Mehmanis, and a whole lot more.

MHI comes to His very first Bathhak at one of these M's. The Young Handsome Shining Radiant Imam sits on His chair, dressed in His full White Sherwani Regalia......He looks around at His faithfull murids, and keeps smiling, very very happy. Not a word is spoken, after the traditional Recitals. Imam sits, looks around and nods, smiling in His radiant, happy natural pose. Again, nothing but silence.....The leadership sitting close by to Mawla, including missionary-on-duty fumble around wondering why He does not stand up to deliver His customary Firman and Directions. Somebody finds
the strength to beckon Mawla to the podium......Mawla asks: Do you not have any of My Grandfather's Firmans??
They say yes and send somebody over to the reference library attached to the old style Khane (definitly NOT old because that is what it is supposed to be: khane, reading rooms, reference library, etc all under one roof). Several minutes go by and still there is no change in His Demeanor, still Smiling, Happy, Radiant. The messenger comes back with a small roughly 6" x 5" book, bound by one of those old style hardcovers, not quite hard, but not soft as well. (some of you may have the original ginan books bound similarly). The Book contains a collection of MSMS's Firmans for the respective murids over past whatever years some young and budding Sewadhaaris (the likes of Nagib and Alnaz) have been able to gather and collect and print. The Young, Radiant (I can't stop repeating these adjectives over and over again, sorry moderator) Mawlabapa gets the Book in His Hands, opens it to to the first page opposite the inside cover, takes out a Pen from His Pocket, and signs it "AGAKHAN", His now "well-known" signature (not to be forged ever by anyone), and gives it back to the Sevak next to Him. This Book became the "BIBLE" for those murids, until IT too was literally withdrawn around late 1980's. The reason: these are now too old.

Nothing has changed, my friends, nothing.

How do we go about changing it? I mean really changing it? All these generic ideas about leaders flapping their wings and going to the top of the mountain and shouting, etc. are mere nothing. No so-called leader in very high office will bend at all (if he is already inclined the other way). Other low level leaders are merely banging their heads against deep rooted walls. All that happens is that you get "hurt", are marginalised, and discarded as if you were afflicted with AIDS.

What we really need is some kind of grassroots action, like the Arab spring. I would put my name down as fast as I can, regardless of becoming public (by the way, some of you already know me at a personal level, so its fine by me)

Let us come up with some kind of concensus and bright ideas (I personally am really wrecking my tiny brain. If and when, He wills, I shall have my "prerna".

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