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
Jamat Appoints & How Reports/Feedbacks can be given.
Ya Ali Madad,
I have been following your comments & responses from others on this data base for long time. You say above how leaders can tell the truth in their 3yr. end of report. This may be difficult for leaders to do as the Council members & Presidents can see & also know who the individual is that has given the true feedback.
However, I understand (please correct me if I have got this wrong) according to the constitution any member of the Jamat can send a letter to Hazar Imam in a sealed envelope & present this through their Darkhana Mukhisheb, who is supposed to forward it to the Aiglemont Office & if the Jamati member who gave this sealed envelope to his Darkhana Mukhi doesn't receive an acknowledgement of receipt by Hazar Imam within 7 or 14 days (depending to geographical location of Jamati member's Jamat & location) the member can enqire why, through the Darkhana Mukhi.
Also I would like to point-out that Hazar Imam frequently says in his Farmans that the Imam is aware and knows what is happening in the Jamat. Therefore, surely if the member enquires about why didn't receive acknowledgement from the Imam then even if the LEADERS block this member's sealed envelope the Imam would have a reason to ask his LEADERS what happened about this member's letter & why he (Imam) wasn't given this letter from his murid. As the Imam is aware that his murid has sent a letter.
My point is, if as I understand the above (that is if I have got this corect, as when I was a Jamati Mukhi we were given the guidelines & explanation of The Roles & Duties of Jamati Mukhi/Kamadias and under section of the Governance of Mukhi/Kamaias I had read the above procedure for Jamati members to send communications to Imam for urgent & Important & Personal matters.) then anyone from the Jamat can take this option, as I feel this would qualify under the Important & Personal matter.
Also I am very troubled that when the Imam says in his Farmans he is aware and knows what is happening in the Jamat, then surely he must be aware of the antics of SS & Co. but I agree the Imam can only act when his murids ask & enquire WHY? So that's why I feel the above option should be taken, of sending a letter to the Imam through the Darkhana Mukhi. Please advise if I am wrong & my above understanding is wrong.
Also when you report today that Hazar Imam has arrived in Canada on 19/05/2012 for 10 days & may meet the Leaders, perhaps he may have been made aware of Nagib's offer & perhaps has come to end all this trauma. I feel you should wait & see what Hazar Imam does in the next 10 days & then perhaps take the above option of sending the letter.
Ya Ali Madad.