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
Hazar Imam gave guidance to
Hazar Imam gave guidance to the Leaders which President of UK has shared with the Jamat. Hazar Imam wishes all Presidents to share all material and spiritual guidance with the Jamat. President of UK is doing just that. That is significant and commendable. This is also a Farman from Hazar Imam.
Every President and leaders present from each country will also have received guidance, and they should share with their Jamats, and they should also share with other Presidents to consolidate and share the consolidated Farmans with all the Jamats.
All Presidents and those 3 leaders present will know that Hazar Imam is telling them also not to be individualistic, and that includes Shafik Sachidina. He will not get it.
Remember Hazar Imam in GJ London Farman said I know my Jamat is individualistic. That was also meant for Leaders who were present too. Imam went on to say that we are brothers and sisters we must trust and share. Brothers and sisters do not cheat each others they share and trust. Then Imam went on to say " I am telling the Leaders but leaders are not telling the Jamat what I am telling them to tell the Jamat"
In this end of Term Mulakat Hazar Imam is reminding all Presidents and Leaders present in the Mulakats, about the significance and importance of not being indidualist, and not allowing this, but for them to be plural and to work together and share wirh the Jamats material and religious knowledge including especially Farmans and related annotations.
Hazar Imam also gave guidance on the need for and create more understanding in the Leadership, Jamats of our various traditions and cultures. Hazar Imam also gave this or similar guidance in GJ. - 5 years ago.
Why is Hazar Imam giving this Guidance and reminding Leaders of Guidance 5 years ago? The reason is because Leaders need to do more than they have done. What they have done is not enough. Imam is telling them that Imam knows.
I wonder if any President said that we are sorry and know we need to do more , and give your commitment that we will do our very best in the nest 3 years! To implement your guidances and wishes , so that we can seek from you more and other seva you wish us to perform for our brothers and sisters.
I am sure all national Presidents and Leaders who attended this mulakat , on behalf of the Jamats, will be under no doubt what Hazar Imam was saying reminding and what they need to do in the next 3 years ?
I pray they will do what Hazar Imam days and not what others say which is contrary to what Hazar Imam says . Ameen
Shafik Sachedina was there but will turn this to mean the opposite, for example that Nagib and others who are sharing must stop , and that they are being individualists and must stop this website etc. SS and Co will equivocate. After the Farman SS and Co will say different, that Imam said or meant this or that.
Presidents and Leaders know the truth, and will know what Hazar Imam wishes., and what they must do in the next 3 years.