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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

Purpose behind Posting Here Only Complaints or Solutions also ?

... My Common Reply to Dear Pakifellah , Bloglaw and Umed , and All Concerned , Ya Ali Madad ,
( 1 ) This is the Only and Best Site Ever , in the History of Ismailis , at the World Level , Admistered by Admin - Umed , to Write for Ismailis , Their Views and Convey it to Concerned , in the Interest of Jamats , at International Level , and , also put , Any Jamati Complaints ( Problems ) , with Opportunities - Facilities , to Find Out Ways for Solutions of Jamati Problems , by , Making Mutual - Consultations , with Other Ismailis of the World , from Any Where , at Any Time , along with Leaders at Local , as well as , at International Level , ......How Many , Said to be Interested , to Serve Jamats and Imam , in Appreciations of Continuous Hard Works , by Such Site , for the Speedy Well Being of Jamats and to Please Imam , and it's Organisers , but , How Makes Real Use of Such Facilities ? , and , Gives / Takes , Chance of Creating , an Impact of Necessary Reformations , at International Level , in Positive Manners in Our Community ? ,
( 2 ) First of all , i accept my inability , that , i can not convince those , who do not want to understand that , 2 + 2 = 4 , and , i am sorry for , that , it is fault on my side , that , i can not , in any way , make them understand the same , till , they are not ready to Understand this Natural Fact ,
( 3 ) now , i come to the main point/s , of my submission/s
( 4 ) Originally , i was / am always of the view - Opinion , that , Jamats Every Where , Any Where , should be Served , through our Institutional Process , either by Leaders & Members , and / or , through Proffessionals - Workers , appointed Directly or Indirrectly , by MHI , or , be Served , by Other Members of the Community , who want to Serve the Jamats , at any level , in a way , that , MHI is pleased ,
( 5 ) Now , if i wanted to serve jamats , then , i alone can hardly do much more , and , i can do for a few people only , and , on a small scale only , but , if i wanted to do works , on a larger scale , for jamats , then , i need to Contact - Consult , Other Community Members , with the Same Intentions , and , need to create a Group of Ismailis , in the pre - fixed area , and , Join Hands , with a Proper Planning , with a Target of List of Time Framed Works , Year Wise , inviting Membership of Community People , who want to work for jamats , whether , they were or are , on any post or not ,
( 6 ) In past such things , were difficult to be done , in absence of speedy communication systems - facilities , when there were no telephones available every where , with every body , ....there were only post cards , to reach after number of days / weeks ,
( 7 ) It was in 1957 , that , i first time saw the Light in my Village / Town Dholka , we were all having Small Kerosene - Lamps only , either in our houses , or , in streets , ..........in the same year , i saw a Transistor small Radio , on visit of my one maternal uncle at our house - shri Habib Velsi Keshavjee - from Nairobi , the Father of Well Known , Ex President of National Council - Kenya , Mr . Yusuf Habib Keshavjee , and , Uncle of , Well Known IIS Administrator , Mr . Mohemed Keshavjee ,
( 8 ) we had hardly travelling up to Ahmedabad , 40 km away , till i became young of 21,
.....i first visited a big city of Mumbai in 1973 only , for Didar - Darbar , at Hashanabad , at the age of 25 ,
( 9 ) but , mean while , Due to Availibility of Latest Technology - Systems , Throught Out World , that , from Kerosene Lamps , People of the World , had Reached to be having , Latest Computers , with Internet , within a Few Years only , and ......i also had became Aware of Revolutionary Situations - at Community and Rest of the World Level , and , i found , that , where we could hardly do Works in Community , at District Level , ......now , it has become possible , to do works , at International Level , .....and , during , Such Thinking , i came to know about this Site , on 30 / 04 / 2010 only , through my one ismaili friend ,
( 9 ) I started to read and study , the comments of Past and Present , .......i thought , from the Submissions in Comments , that , there is done Much Injustice/s , with Jamat/s , by Leaders , at local , as well as , International Level , ....so.....i started to write My Own Views in Comments ,
( 10 ) I was working in /with jamats , from Local to possibly at India Level , but , in fact , i wanted , since Long Past , that , if i could do Works , on - at International Level , and , i thought , that , my that Dream could now Come True , through Contacts on this Site , and , further to see .....that , an International Ismaili Organisation comes into Existence , and , All Interested Ismailis to Serve Jamats and Imam , at any level , join hands , and , creates an Impact , at International Leaders and Jamats , that , it could submit the Jamati Problems , to Leaders at Intrnational Level , and , have Discussions on Major Issues of Jamats , at International Level , and , try to Find Out Proper Possible Solutions , through , Co - Operation System , with Leaders in International Institutions like , LIF , IIS and DJI etc ,
( 11 ) I found , that , writers here , on this Site are mostly writing Their Comments - Views , with Nick Names , and , Not with Real Names , ......i did not know the Reasons behind , for not Clearing Self Real Identity , but , i had started to write in My Real Name - Real Identity , .....i had put my address , as well as , E Mail ID , on this Site , more than once , and , ....... afterwards , i insisted others also , to come with Real Identity , but , some of Main Writer/s here replied , that , if they wrote their Real Identity , then , he/she will be Marginalised by SS and Co. , .........i could not digest , such aguments , ....if one writes with Real Identity and with Real Facts , then , where is the Question of Marginalisation arise ? , and Why ? , ......if one who is on any post , then , suppose , for sake of arguments , it could said to be marginalised , but , who is not on any post has no such fierce ! , .....if One wanted to Work for Jamats , then , he / she should not Worry for Post , and , ...........Posts should not be written to Achieve Some Particular Post , but to serve without Post .....it has got More Importance , in the Eyes of Jamats and Imam , who Works without Post , ......and , so , i repeatedly had Insisted Others here , to come with Real Identity , if we really wanted to Work for Jamats , at any level ,.....but , no body , who wanted to make allegations only , without real identity , then , came up , with Real Identity , or , with E Mail Id , so that , could be contacted personally for further consultations , ......and , if so , what is the Use and Meaning of Such Submissions ? , only to Blame Certain - Particular Leaders only ? , and , not to Accept Responsibility for , and , just to try to Archive Hidden Personal Selfish Goals only , by Pouring Poison in the Minds of Jamats , for Certain - Particular Leaders only ? , .....and , on my Repeated Insisting , when i found , No Response , to come out with Real Identity , i came to Understand , that , Intention/s behind writing Some Particular Post/s , by , Some Particular Writer/s , is/ are Different , .....Different than that which i am thinking , so , i Changed my style of writing , by , challenging the Intention/s of Such Writer/s here , who are Never Prepared to come with Real Identity , and , showing excuses only , in the Name of Internet System , means , Their Purpose is not to Serve the Jamats , but , to Pour Poisons only , in the Minds of Jamats , against Certain - Particular Leaders , at International Level , by Mis - Bad - Using this - such Site , .......this Site is Best , and , for the Best Use , in the Interest/s of Jamat/s , at International Level , but , Out of Knowledge of Admin - Umed , and Participants , it is used for Worst Purposes , by Some writers ,
(12 ) No Doubt , there were and are , to write their views , with Real Identity , like , Yasmin , Kanize , Murad , Abdullah , Nato Moez , M. Chatur , Umed , Alibhai Jiwani , Alnaz , Nagib , ( sorry , if i forgot to mention , who at least came with their Real Identity ) , with their Real Identity , but , most of them , found , that , there is Nothing , except Making , Allegations ( may be Right or Wrong - but for what Purpose ?) , only against Certain Particular Leaders , and , not suggesting Real Required Way of Solutions ? ,
(13) If , an Ismaili Writer is Not Interested - Prepared to Do Forward Any Thing to Find Out Solutions of Jamati Problems , with Co Operation - Consultations - with - amongst - Jamats - Leaders , then , what is Use and Purpose of Such Submissions only ? ,
(14) if an Ismaili wanted to do Complaints , and Complaints and Complaints only , .....then ......No Real Identity is Required
but , if One wanted to Bring Solutions , and , Work for Jamats , through Co - Operation - Consultations , with Jamats - Leaders , at Any Level , then , Real Identity , on Such Site , is Must , Must and Must ,
(15) ........ can any body , please , satisfy me on this issue ?.......thank you .........ya ali madad.........!


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