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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

LOGIC No 1...Copy Right ......Meaning of / for ......!

Dear All , Ya Ali Madad - Yes , it is 14 may today , matter before Hon. Court of Law Suit against Nagib - Alnaz , can we imagine of Logic behind , What could be the Actual Logic behind filing the law suit against Nagib and Alnaz ?
Were , the Nagib and Alnaz , only Persons , who could be sued ? ....and for what ? what about those others , who are , in pipe line , worth to be sued ?
There are numbers of private Publishers - Ismailis , and of course , Non Ismailis also ...!......those behind curtain , are ready again for bringing another Law Suits against Them ?
My main question in such matter is this ....!
.............??????? ........... In a jungle , the King's Administrators organises camp , thousands of people are there , where presently , there is no provision , for food / water etc , what ever the food / water was there , with people , was withdrawn , saying , they are OLD food / water , it has become poisonous , so NEW food / water , to be prepared and supplied to you , which is Under Preparations only .
People were waiting for food/ water etc , to come and served , Hunger showing it's true colours .....but , organisers , were not making any announcements even , as to , when food / water will be ready , come and served .
On asking only and that also for hundred times , they were replying once only , that , food is under preparations , long way , in Big Special Kitchen ( IIS ) , it's just few steps away , the New International Expert Cooks , are already appointed long back ( 1969 ).
They are presently , since long , Busy , in SEARCH / RESEARCH of Some Good Books , for Learning Cooking , as old books were Destroyed by Them / Under Their Instructions , considering Useless - Harmful , to prepare food for people , as they get such some new books on / from , International Level to prepare Intercontinental Food Items , they will start preparations , for some good food for you all .
Till then , continue , suffering HUNGER ( Spiritual ) , and you are all IMANDAR - some of you , face compulsory HUNGER also , some days , so when you have got Habituated of Hunger , what is New ? what is PROBLEM ? so please , contnue hunger for some more time , and we assure you , THEY ( IIS ) , will provide you food / water , and , IF NOT AT ALL , in this present time - in your life time , then , your next generations will be provided with food / water , we don't believe in Simple Food / Water , it is not good for Health , you will become UNHEALTHY , of such simple food .
We are preparing for Best Food , and , we promise and we will continue to promise again and again , WE ARE EK VACHANI , food will be served , definitely food will be served , a day , on or at least , before KAYAMAT , ......

Mean while Some Persons , who felt situations WORSE , went out side jungle , arranged / purchased , grain from available sources , got prepared food , as much they could , served possibly to people , who could be contacted , by opening a counter , sold at cost price ( so that , other food could be puchased / prepared and served to other remainders ) , those , who got food were , Happy Enough , Felt Survived , Restarted Enjoying Life , Blessed Them for Extraordinary Services They Offered , inspired them to serve food to others hungry also , so they were planning to serve , others hungry to provide food to survive ........Some Soldier/s saw , got DHNUA - PNUA / LAL PILA , informed / comlained to SENAPATI , senapati complained to KING , that , some thing ILLEGAL is going on , in OUR KINGDOM , by some UNKNOWN PERSONS , against US , i/we have prepared .......Papers( King's order )...
....please , your only signature is required to do needful , then after , we will look into matters ......( KING was well aware , Internally on Signing , What These People Want To Do and What I Want To Do ? )....it is the Right of Our's Only , to provide food to people , who are they , to serve food to Our People ?....we will see , that , they be Hanged .....what is their Right to Worry , if our people die in hunger ?......we have , since long arranged for a special facility , to get them buried , who die , of such hunger , without collecting a single coin , either from who dies or from his/her relatives , we have Enough Provision for that Special Work , let them die in any number , we will never be , on back foot , of our words , for such Sawabi Work .......( time / space problem , so further next ) .....ya ali madad .....!

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