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
Mr Brian Gray lied in court?
Mr Gray lied in court.? Mr Gray was asked in court whether he knew Mr Dharamsey. He said he did not know him. The email he sent to Dharamsey was produced in Court. (see what Nagib Tajdin says below)
WHY IS THIS VERY SIGNIFICANT ?
His Highness the Aga Khan, is the named plaintiff but has not submitted a single affidavit in this lawsuit. The court has relied on the claims and statements filed by Brian Gray in the name of H.H.
If Gray lies in court regarding this, then all other statements made by him are also questionable, and need to be independently verified, for example;
1 The claim Gray [from Norton Rose] filed on 6th April 2010 (No affidavit by H.H.)
2 All replies and evidence Gray has filed (No affidavit by H.H.)
3 Documents filed which 3 forensic expert reports say are forgeries (No affidavit filed by H H)
Therefore there is a question that Gray is not telling the court what in fact His Highness may have told him to tell the court. Has therefore Gray told the truth and the whole truth to the court.
We know Sachedina, Bhaloo and Manji are not doing what His Highness is telling them to do in Farmans nor what they were directed to do by His Highness on 15th October 2010.
WHY DID GRAY NEED TO LIE THAT HE DOES NOT KNOW A J DHARAMSEY ?
What is Gray trying to hide. Why is Gray worried ? Is this because he said to Dharamsey that he can ask Sachedina, and he thanked Dharamsey for his support ? Therefore Gray accepts instructions from Sachedina and Gray supports what Sachedina says?
CAN THIS BE USED TO FILE A MOTION FOR PROOF
A Motion to question Mr Gray and ask for disclosure of all the evidence to verify and prove that all the statements submitted & filed by Gray on behalf of the named plaintiff. are exactly what His Highness the Aga Khan said to him personally and when/how. Including when and who gave him the first instructions, and was this on 30 March 2010 as stated by Shafik Sachedina.
Remembering Shafik Sachedina and A Bhaloo have said they were not asked by His Highness to file an affidavit but they swore them, and Gray filed them, and says to Dharamsey who he says he does not know, that he can take instructions from Shafik Sachedina !
The question is also why is Gray opposing the motion and refusing the money offered by Nagib and Alnaz ? (read what Alnaz says below)
Gray, Sachedina, Bhaloo and Manji need to provide following evidence ;
1 When was Gray first instructed and by whom ?
2 Was Gray first instructed on or after 30 March 2010 as stated by Shafik Sachedina.
3 If His Highness did not ask Sachedina and Bhaloo to file an affidavit who asked them to file an affidavit?
4 Had Gray met or spoken to His Highness and Carnegie before he filed the lawsuit on 6th April 2010.
5 Who provided evidence to Gray and if it was Shafik Sachedina, then did Sachedina ask His Highness for permission to do so. He admits he was not asked by H.H. to file an affidavit.