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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

Canada Council & LIF

an email received "National Council, including LIF gave the following guidance from Hazar Imam. Question to Leaders - Why then are you not doing what Hazar Imam is saying below ? – For example
• They are not meeting or answering questions including Nagib and Alnaz. Those who ask are marginalised..
• They are not giving farmans, and refusing Mukhis and Waezeens to explain them or rites -ginans to the Jamat
• They are not giving the Ismaili Constitution to the Jamats
• They are not teaching or release books on our tariquah
• They are not giving annual reports of programs,or telling the Jamats how they are spending the Jamat's money given to our Institutions, for the Jamat and the Jamat’s benefit and the interest
“ NATIONAL AND REGIONAL COUNCIL PRESENTATION - GUIDANCE (FARMANS) FROM HAZAR IMAM –
For those of you who were unable to attend the joint council dialogue sessions with the JK in Vancouver last week, I was presented with the opportunity on Saturday, to listen to President Talib and the National Tariqah Chairman talk about thei experience during the meeting of all global National and Regional Council leaders that was held in Ottawa in June this year. I thought I should share the highlights with you.
Hazar Imam also provided his vision and guidance of the Jamat and our Institutions, 10 - 15 years from now:
1 Imam sees the Jamats National and International institutions as (Ismaili Centres, Global Centre for Pluralism in Ottawa, AKDN promotional and partnership activities from the Delegation of the Imamat in Ottawa, Museum and various Parks development projects
2 Ottawa waterfront, Wynford Drive Toronto, Deer Lake Park Vancouver, Edmonton) are raising a positive profile for Islam not only in the West , but to have an impact on the Ummah. Wynford Drive JK, Museum and public Park for eg. is situated in one of the most highly concentrated Muslim population in N. America .
3 Imam has great pride and confidence in the Canadian Jamat to play a leadership role in the endeavour of being able to articulate and to serve as examples of how to live the values of Islam, that are tried and tested, and avoiding those 'Occidental' values that have harmful effects on the individual, family and community as a whole.
4 Specifically Imam is referring to:
a. learning to live the concept of not separating Din and Duniya - i.e. every decision made in secular life should be in accordance with the and ethics of Islamic values for which he has provided guidance in his firmans.
b. Education - get the best available, but understand that its purpose is not for self-promotion only (the focus on individualism in the west) but first to apply it to understand Allah's creation, and then to endeavour to benefit your family, community, society and the nation.
c. He gave the example of the current financial crisis as being due to the brilliant graduates from the best schools, not thinking of the impact their decisions have had on the person on the street, but only of the company bottom-line or their corporate standing.
5 The jamat and community must learn to build an ethos of working for their collective needs in a cooperative way by building jamati institutions and capacity, and not waiting for Councils and ITREB to come up with 'programs' to meet community needs.
6 Groups (can be professional or just those with common skills or interests) can become proactive to form committees to meet needs that they see existing in the jamat to address issues of the poor who are reluctant to reveal their predicaments and are marginalized, youth marginalization, elder care, immigrant needs etc. on a volunteer basis.
7 By realizing this in our characters, interactions and dealings with non-Ismaili colleagues or business associates, and in our local and international insitutions, we can build a quiet ripple effect that will change the perception of what the real meaning of Islam is.
8 Some of the discussion then centred around how we can inform and mobilize the youth and young adults to become involved in this vision, particularly as JK attendance is very poor in this age group. Lot of input was provided from the jamat during the interactive sessions –
a. dress code
b. expectations,
c. clickiness,
d. no sense of belonging as the the JK offers little after the services, services themselves are conducted in languages they do not understand, and
e. our curriculum does a very poor job of explaining our tariquah, and the symbolism and values of our rites ceremonies and different traditional practices. Not understanding them.
9 Statistics were provided:
a. 30% of our jamat marry non-Ismailis - how can they be included in this vision.
b. 65% of the population will be over 55 years old in 10 - 15 years –
c. young adults have to be groomed into taking on leadership positions.
d. 3rd generation of an immigrant population fare poorly as they have become less motivated and to develop a sense of entitlement.
10 Where will we reach this in 10 - 15 years, and need to think of how this can be avoided.
11 Hazar Imam says that involving the youth and young professionals in development projects in the countries of their grandparent's origins might enable them to appreciate the benefits they enjoy today, and bring an element of humility into their attitudes and lives.
12 What about the rest of the guidance and more important what are the solutions and the programs to address the solutions
HOW CAN WE ADDRESS THESE ISSUES AND IMAMS GUIDELINES WHEN THE COPIES OF THIS FULL GUIDANCE IS NOT GIVEN TO THE JAMAT , WITH THE REPORTS OF THE PROGRAMS FOR THE LAST 3 YEARS, AND THE NEXT 3 YEARS ? SINCE JUNE 2012 WHY DID THEY NOT TELL US WHAT THEY HAVE DONE TO DEAL WITH THIS AND SHARE A COPY OF THEIR 15 YEAR PLAN AND KEPT IT TO THEMSELVES


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