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
Beware - use your intellect.
Beware - use your intellect. Judge foryurself 1. Where does SS and co belong in this ? 2. Where does Nagib and Alnaz belong ? 3. Where do you belong ?
When the most divine miracle of the holy Qur'an came down to our beloved Prophet (saww) and the pure, truthful and perfect message of Islam spread. The people of that time had taken position in three distinctive groups.
The first group:
The true believers (mu’mineen) are those who embraced Islam wholeheartedly and with true conviction. ..and they are just a small Jamat ! This group are unfortunately the extreme minority and very often obliged to live quietly in certain societies, in order that the truth may survive throughout time. The true believers are those who occupy the ranks of this group, in hopes to be ever so closer to ALLAH (swt). Their true love, faith and conviction arein their hearts are everlasting.
The second group:
The open enemies are those who opposed Islam openly in hatred and in violence. Many in this group finally joined those in the third group, since fighting head-on with truth is a loosing battle. Many of the biggest opponents of Islam, in the early days who did everything to try to destroy Islam, realised that for them it was easier to join the Muslims and control the weaker hearted ones within the ranks. The rest of this group, despite constant losses stayed on their position to the point that even today later generations of these movements exist. They make wars against Muslims for no other reason but hate and the thirst for innocent blood.
The third group:
This is the most dangerous group, they are the hypocrites...who followed Muawiya and Yazid.... and abandoned the Prophet's family... They have infiltrated into the Ummah...they have coined their own "religion" and called it Islam ! They are usurpers ! They befriend mu’mineen (true believers) and then betray them. They pretend to believe (especially when it profits them). They are like a deadly poison that slowly pours into the blood stream, constantly making victims die a slow and painful death. heir hearts seek only what profits them. They are lovers of lofty positions in this temporal life and they will betray anyone to get this momentary power. They love to be close to the truthful believers, in order to try to take position and they love to be in charge of the ignorant in order to spread their social disease. They are ignorant of their own ignorance.
ALLAH (swt) says:
"There are some people who say, [we believe in ALLAH and the last day], but they are not at all believers. They desire to deceive ALLAH and those who believe, but they deceive only themselves while they do not perceive. There is a disease in their hearts, so ALLAH added to their disease”. (The Holy Qur'an 2-Al Baqarah 8-10). And ALLAH (swt) says: "And when you see them, their bodies will please you and if they speak, you will be captivated by their speech; as if they were big pieces of wood clad with garments". (The holy Qur'an 63–Al-Munafiqun-4). ..And when it is said to them: Follow what ALLAH has sent down, they say: "Not that! But we will follow what we found our fathers upon". What? Even though their fathers were void of wisdom and guidance? The parable of those who disbelieve is as the parable of one who calls; but they hear nothing, except a call and a cry. Deaf, dumb and blind, so they understand not". (The Holy Qur'an 2 Al- Baqarah 170-171).
When we reflect we quickly understand some different points about true guidance and false guidance. In fact, ALLAH (swt) sent this verse as a warning not to follow blindly, but to use wisdom and understanding to follow the true guidance of ALLAH Azz wa Jall. Since the creation of man, man has been a victim of blind imitation of superstitions, and heresies. Look at how many things and conducts in today's society are based on perception, rumors, superstitions and corruption.