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
Farmans & Scholars_Missionaries_Waezeens
Farmans in 1899 Kalam e Imam e Mubin - MSMS
You must have Murids who have read and understand the Quran so that they can explain and relate the Quran to our Farmans and to our Ginans , which come from our Farmans and the Quran .
These selected Murids ( scholars) must be able to teach and explain to your children so that they too can understand and articulate with Hindus , Sunnis, Itnasharees , and Christians. Without these scholars you will not understand or be able to explain and your children will be confused.
These scholars must be good so that their knowledge of our Tariquah will include knowledge of our different traditions and understanding of other faiths. Therefore when they explain you will fully understand our faith and our faith will enters into your hearts and your thoughts and our faith will becomes a part of your daily lives and thinking.
Our Dua and our Namaz comes from the Quran . Remember there are Ismailies in other parts of the world with different traditions. I am sending our Namaz to them.
These scholars will be able to explain every Ginan in the context of the Quran and our Farmans. Ginans are from and also give expression to our Farmans and the Quran.
What MSMS said above is also what MHI says.
So, How many such scholars are there today ? and who are they at IIS and in ITREBS - How can we have when Farmans and our tariquah are not taught or explained and books on them are blocked and not published for over 25 years ? Quran is not kept at JK , let alone read or taught !
What we do have is Shams Vellani, Aziz Ismail, Shafik Sachedina, Shiraz Kabani, E Rupani, Amyn Kassim Lakha , and M Keshavjee at DJI-IIS who control IIS and ITREBS. They say Farmans are not to be copied, given interpreted published or explained ! our Tariquah and ginans are not to be explained and taught Nor books on them published, They say Farmans of earlier Imams are not valid ! Ginans are simply devotional poetry ! They have no material on Niyat, Mehmani to them means nothing but a symbolic belief ! They cannot even explain the meaning of each of the Imamat and Golden jubilee rites and ceremonies performed by, and in the presence of Hazar Imam.
They and their inner circle of friends control the Jamats money, the positions , and about 100 companies employing over 100,000 . They are busy spending time to keep control of the money and their positions. That is their prioroty, and focus. They have multiple positions which they keep secret. Nepotism is pervasive and rampant.
Ismaili scholars even those endorsed by Imam are blocked and marginalised , for example Imam made a Farman to publish books of N Hunza in 2001. His books are not published and instead he together with other excellent Ismaili scholars are blocked and marginalised such as Dr F Hunza and Alwaeza R Hunza.
The solution - now that you know.
Good scholars and the Jamat need to meet & talk regularly amongst themselves to share explain, and work together as Imam wishes.