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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

Remote Control System - Conducted from Aiglemont - How Long ?

Dear All - Ya Ali Madad , ....i/ we , see that , MHI guides to do anything - everything best , in the interest of jamats everywhere , but , they are those , who are not , at all , showing any interest in doing anything such in that direction , with an understanding , that , we are responsible to MHI only , and , when MHI Himself is Silent on the Issues with responsible leaders , then , what Jamats can do ? ,
....so far as our Community Management System in India is concerned , no system of solution of Jamati Problems , may be individual or collective , is established , which is top on the list of demands of time by jamats in india ,
Silence of the local indian leaders , proves that , they are mis advised by their advisor/s , who of their personal interest , is/ are , on the way to invite jamats - to force jamats in india , to create such a situations in india for leaders in India and Aiglemont , that , become beyond their control .
....i am not sure , the - long timed - deep - disappointments - dissatisfaction - will turn into such High Typed Anger of Jamats , that , when that anger comes out , and , reflects in general , then , those who Deal as Advisers will be not found by local leaders , and , such situations will be beyond the Control of Leaders in India , as well as , beyond the Remote Control of Responsible Leaders of Aiglemont , it will be received the message , by your remote control , that , Not Reachable .
It is to day only - means in near future only , that , Aiglemont Administrators , including LIF leaders can come to India , and , have the meeting/s , with local , at least , some few indian jamati members , including me and the group with me , who are much interested in solving out jamati general problems , and , said meeting , in presence of National Council , and , try to know and understand the problems of jamats in india , and , prepare a policy to solve out those problems .
Local Administration for Jamats , namely and mainly , National Council , has Totally Failed in India , ( i dont know much , about situations in other countries , regarding jamati administrations - unless brought here by some individuals , who are some what or much more worried for jamats of that country ) , after number of meetings , No Result , No Value of their Words , given in meeting/s ,
It is possible , they are under an impression , that , if , any problem/s created by jamats - jamati members , in india , then , Aiglemont Administrators will come and save ( defend ) us from Jamats - Jamati Members , but , i assure you , when , it happens so , in India , then , not only that , Aiglemont Administrators , will not be in position to save ( defend ) Leaders in India , but , on the contrary , they will not be , in position to save ( defend ) themselves , from jamats - jamati members .
The demand of the Jamats - Jamati Members , is only , that , Do as Directed by MHI , and , Don't apply - impose , your own mind to Change the Guidance of MHI , for Jamats ,
.....So , if you are men of understanding , arrange with National Council India , then come here - have the meeting , as aforesaid , or , face the situations , which could be , beyond your control , and , after the situations become , beyond your control , and , then , if you come and say , that , yes , we are ready to see you , then , it would become too late , no body will be then prepared to see you , and , it will then be a situation , where , Direct Interference of MHI only , will be Considered ,
.....why i am telling you this ? , i am not telling not in the interests of jamats only , but in the interest of you the leaders also ,
.....because , ...when i went to see , ITREB CEO , in begin , he told me , i am responsible to my Chairman (chairperson) only , not to you , ....so , i demanded , mobile number of Chairman , which he denied to give ! ,
.....after that , when i went to National Council CEO , she was not ready to accept a letter even , saying that , send by post , and , when demanded mobile number of President , she also denied to give ,
.....such denials , in fact , were not , denials to me , but , it was Sounding Denial to Jamats in General , in India ,
....Then within few days only , you found and experienced , that , instead of CEO/s , the President of National Council India , Chairman of ITREB India , Chairman of NCAB India , were after me - requesting me , to see and have meeting with them , ( here me means - a jamati member only - having no post - still Top Leaders were Requesting to see me ) , because , This is India , and , you don't know , what is Possible in India ,
....i have repeatedly said here , Don't Underestimate Jamats - the Power of Jamats ,
......you can ask , Sherbanu Moledina with You , she was P.A. to National ( Federal ) President , ( Shri B.I. Morani ) , that , All - National - Regional - Local Councils , had to rush , by plain , within 24 hours , to Dholka ,
.....so i don't Warn you , but , i just Inform You only ,.....and inform only because , to morrow , means , in any nearer future , when Situations Compel you - the Aiglemont Administrators and LIF etc - to come - to rush to India , to be in Front of Jamats - Jamati Members in India , then , you can not defend , that , sorry , we were not knowing , but , then , it would have become too late ! , o.k. ...ya ali madad ....!

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