Welcome to F.I.E.L.D.- the First Ismaili Electronic Library and Database.

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

Kindly Respond , i am right or wrong , in my observation/s ?!

Dear All , including Yasmin , Kanize , Abdullah , Nato Moez , Murad , Pakifellah , and , particularly Umed , and , Others , if i forgot to mention their names from here , who have recently , gone in depth of caves of frustations only ,
finding no solutions of jamati problems , and , no results of any activities here , as this site is the only source of inspirations and hopes here , as MHI wishes ,
still , at least , they have dared sometimes here , in writing frank opinon , on the Jamati Issues , discussed here ,
ya ali madad ,

This is , what i have Studied - Obsereved , since years , from the behaviour/s , of our Both Side - Leaders ,
( i may be wrong also , but , i think , i need to write it ) ,
that ,
There are Two Types of Leaders of Jamats / for Jamats ,
(1) Leaders , who are Appointed by our MHI , directly or indirectly , on any post , any where ,
who in their common strugle/s , against Jamats - Jamati Members , who are fighting for rights of jamats , at any level , ......leaders have joined their hands , at all levels , for the purpose , that , at any cost , the raising of voice/s of jamat/s - any jamati members , must be depressurised , any where , in any form/s , at any time , and , that also , by (mis)using unlimited jamati fund/s , collected , illegally from world - jamats itself , and , which fund is meant for jamats only , but , to be used against jamats - jamati members ,
and , then they want to testify , how long Jamats - Jjamati Members , could coninue their fight for right , against leaders ?! ,
they know jamats are not united at all , any where , at any level , and , could never unite also ,
as , those who pretend to Lead - Guide Jamats , to fight for right , are , doing everything , in self orientation programs only , and , misleading jamats - jamati members , in their personal intrests only , which , jamats are never to understand , and , so we are all , not at all , worried till then , ...till , such so said ( self appointed ) leaders continue making foolish jamats - jamati members , at local - international level , just to serve their own - personal interests , but , introducing in the name of jamats only ! ,
(2) Leaders from within Jamats only , ( including me ) , not appointed by MHI , not appointed by Jamats , in short , self - appointed only , who are capable enough of making a show and creating an atmospere , that , they are leading Jamats , at local - international level , but , in fact , who are , never really interested , in general well being of Jamats , in any Aspects , at Any Level ,
and , because , they could do nothing , of their own , they are instigating indirectly others to do something such , that , SS and Co . is blamed all time , by all here , and , no any other programs , in the interests of jamats at any level , and , as if , waiting for a day only ,by making opposed through so many here , SS and Co . is becoming out of Aiglemont Office , and , Me and Co. , could come in Charge of Aiglemont Office , so , that , thereafter , i could do Some Thing - Some Good Works of Jamats - for Jamats ,
i dont think , that , this site is meant to oppose SS and Co. only , and , no other programs - work/s in the intersts of jamats , at any/all levels ,

they mean to say , that , see , i have been writing , thousands of e mails , to our international leaders , but , they do not respond me at all , and so no results at all , ...so , now you all try to do some thing , directly or indirectly , and , then after , i will see , that , credit of doing everything such , comes to me , that , SS and Co. is Out , and , Me and Co, is In ,
they are not doing , what they are actually required to do , and , daily probably , same and only one record , ......SS and Co. .is like this , .....is like that , ......nothing else , .....no program submitted , actually Guiding the Jamats , at any level , that , what jamats are required to do , under the guidance of MHI ? , so that results , at least ,some results are there

they mean to say , .....i try to make understood this thing to Jamats , indirectly , since years , by , writing so many posts in different - different , unidentifiable names , but , it is You - All Jamats , that , do not understand this Simple Thinking and Aim of Mine ,
they mean to say ..........i hope All Jamats , Now Understands Me and My Aim and allows Me and Co to do SEVA of Jamats , at All Levels , by doing Something Such , that , i could take Possession of Aiglemont Office , whether , MHI , is in favour of doing so , or , not ?! ,

they mean to say ,.........and , i don't know , why MHI does not remove SS and Co. , and , why do not appoint Me and My Co. , in place of SS and Co.?! ,........ for which purpose , i am working , hard - hard - hard , since years ?,

they mean to say , .........i wish you all every success , in doing , what i want to get done , by you , for me , in the interest/s of you all .............! ,

they mean to say , .....N.B :- i think some regular participants of past here , have understood , my original aim , and , that is why , they have either stopped writing their posts here , but , i think they should support me , and , continue , writing here , in favour of me ,
........... thank you .....ya ali madad .......!


Back to top