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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

@ Bloglaw........that ......you are right .....!

Dear Bloglaw.....Ya Ali Madad ,
I understand your feelings , that , first we should approach within our community authorities ,
but , it is my / others experience/s , since long , that , they do not reply even any written submission/s ,
then how long to wait for , solution/s of Jamati General Critical Problems even,
....... till Qyamat....?!........or thereafter ?! ,
....I was informed during my meeting/s with leaders in India , that , under the constitutional provision/s , for filing / sending Petetion to MHI , by any individual/s, through M/K , or Councils , there
has gathered a thousands of Petetions , in form of sealed envelopes and those complaints - petitions , are kept in big rooms in AIglemont Secretariat ,
none read by MHI , may be not put before MHI , otherwise MHI , would address issues ,received in form of Complains - Petitions , through Talika Mubarak etc.
we know that MHI has no time to read and sort out , and that is why MHI made Farman in NAirobi in 1976 that any member/s of the Jamat/s , if has any Jamati Problem/s , should submit to
M/K , if not solved by M/K , then by M/K to be submitted to Council/s , if not solved by Councils , then by Council/s to be submitted before MHI ,
this Farman is drunk away by our so said - SS - Leader/s , and Jamat/s are left for Matha Kutics - MK - only , and in want of any Constitutional Provision/s , about implementation/s of this
Nairobi Farman , they found themselves at liberty , not to consider any submission/s of any body , and , that is why thousands of Complaints - Petitions still pending unattended in front of MHI ,
more over , i can draw your attention to a fact that , thousands of e mail complaints are every year , since long , are sent by Jamati Individual/s , to our so said Leaders (again SS understood?)'
which are never replied , some hundreds of which are in my record , as sent copy to me , which exercise , then , so proved as Matha Kutics ( again MK ,....... not understood ?! ) only , ...
....and , we should understand the Majboori of our Leaders , whether they are in POSITION , to give any finding/s against their OH MY GOD ?! ,
and if they , suppose dared even , will they see next morning ( appointment ! ) , so when they do not dare , then who are WE to dare ?! , ...lakho sukrana Mawlana......that HE by not making
any such provision /s , for filing any complaint/s against any Leader/s - institution/s in Our Constitution , has kept Open the Doors of lHon. Courts for Jamat/s - Jamati Member/s ,
it is our Concerned Leaders only that they are encouraging US , to go to Hon. Court/s , if they were Men Of Understanding , they had tried to sit togather with or any of US , by setting a
meeting/s through Local Leaders , at their preferred place , have discussion , and sort out the Jamati Issues and Problems , so far as possible , ......and i am very much worried , that , they are
not becoming late in doing so !
.......because , Strong Actions by Jamats - Jamati members ( of course by legal ways only , may be other than - without going to Hon Courts ) are in Pipeline , under Consideration/s , by Jamat/s
- Jamati Members in India , ?
and so i , not only hope , but pray also , that , Concerned Leader/s , tries to Understand Situations within Jamats and Message from Jamats , ...... I leave it to Their Choice........!
......o.k.......ya ali madad.......!

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