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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NCABS and ICAB mediators
NCABS and ICAB mediators conference in London 5 days ended yesterday - In May 2010- a few weeks after the lawsuit was filed exhibiting also M Keshavjee letter.
M Keshavjee as head of ITREBS and mediation Training for CABS said.
1. one training module will not work for Ismailies because they live in different countries ! - do we need 25 constitutions too !
2. Conflict is complex phenomenon - Is justice complex too
3. Training Ismailies in diverse parts is complex and challenging ! - Ismailies are one big family
4. After 12 years we still have critical issues and questions to be addressed - because you have failed and did not want to ! too busy with your own interests
5. Every training module for every country is very different - so 25 training modules for 25 countries ! ... So no need for international integration and standardisation or transparency ?
6 We need a greater concern for fairness and justice
Why then have an international NCAB-ICAB mediators from different conference in London for 5 days , at a cost of over $50000 .
An admission of failure in understanding and training ! No wonder NCAB and ICAB don't mediate but give unilateral rulings without giving precedents rules or the constitution to the Jamats
" Conducting training programmes in such diverse parts of the world is a very challenging exercise. ! You may ask what are some of the critical questions that have arisen and which need to be addressed.
I will highlight only three main ones:
First, there is no one module identical from one country to another that will work. Cultures are diverse and conflict is a complex phenomenon.
One has to be flexible on the module one uses without in any way compromising on the basic principles of mediation. We have found that a highly individualistic, problem solving module utilised mainly in the Occident, does not always work in societies that are more relational in their cultural make-up.
Hence, adaptation is always needed.
Secondly, some of the best dispute resolvers are from the societies themselves. They understand the culture, the traditions, the norms and the values. By refurbishing existing systems through appropriate training programmes, one is able to provide a service to a community that is culturally relevant and acceptable.
Thirdly, there is no one processual module and often communities, depending on their levels of development, utilise an approach which may be closer to the directive end of the mediation spectrum rather than the facilitative end.
To force a change will not always work. One needs to lead people gently and help them embrace principles of contemporary mediation practice which encompass notions such as better listening skills, greater gender equity and GREATER CONCERN for FAIRNESS and JUSTICE ! "
http://www.iis.ac.uk/SiteAssets/pdf/The_Philosophy_of_Mediation_Question...