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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

Who Removed CopyRight Paragraph ....? ,

....Dear Umed , Admin and All ,

Ya Ali Madad ,

Umed , thanks for taking this issue on board ,

To your this comment , my reply is as follows :

E Mail from Mahebub Chatur to Me ,

On Tuesday, March 11, 2014,
Enjoy full video & pictures. What is on our Ismaili website (AKDN), is incomplete or edited. For example Hazar Imam talks about copyright & jokes !. (watch and listen to this 20 minutes into the speech). Do you know and why the full speech and full the conversation is not on our website?

Full video Link FULL EVENT VIDEO: His Highness the Aga Khan's visit to Brown University to deliver the Ogden Lecture

“In Islam, faith and world are not separate. We have a dual level of answerability: to faith and world…. You have to be effective in your material life as well as an honest believer. “So the goal is to create a system which is responsive to peoples own views, not what you think their views are..”
My Reply to Mahebub Chatur and So Many Others Concerned

Dear Mahebubbhai ,

Ya Ali Madad ,

I was happy enough , to recieve entire video of Speech of MHI , at Brown , provided , and , there was a text also provided alongwith ,
and , same i forwarded to Mr. Shafik Sachedina and to you ,

You , in Response , Crystal - Cleared , that in AKDN Presentation , the TEXT is Edited , ( in my view it is not Edited only , but , it is Suppressed also , .....i write in Straight Clear Words , while ,You write in some Sweet Words ) , so , soon , i went through the TEXT ,

....... wherein , i found , that , You - Mr. Mahebub Chatur , is Right ,

There is Editing ,...... yes there is Editing , .....but , as i said earlier , it is not Only Editing , but , it is Suppressing ( of Facts ) also ,
....which " Editing - Suppressing " .... Clearly Says ...." Too Many Things " ,

I can Understand , ......Why So ? ,

Actually not only me , but , now probably , .....All have started to Understand , ....that ....Why So ?

There is EDITING ( Deliberate Cancellation = Cut Off ) ,
of .. " Copy Right Discussion " ...&..." Lawyer/s Fighting Copy Right Case/s " ......etc. ,

and , .... Mention of Such Specific Words , by MHI , in Public , .....is a Biggest " TaunT " ......Ever ..... Made by MHI Himself , on His ( So Said ) Case Filed ,

So Many Doubt/s - Confusion/s were Cleared , by MHI ,this way/s , in this Speech ,

Video seems FULL , but , TEXT of Video seems FOOL ,
( Further Try Making - Jamat/s Worldwide FOOL , but , it is Cleared So Many Times , that , JAMAT/S are Not FOOL , but , only Considering that So Said Leader/s always are doing for Jamat/s , as , Guided by MHI for Jamat/s ) , but , now , when MHI Himself has Trans - Cleared , and , such thing/s Confirmed - Suppressed Apparent , then , no further " Explanation " from " any body " else is required ,

I dont blame any body , but , those Following Other than Imam , must be also Man/Woman of Understanding ,

Their attention also must have gone , on this " Point - Issue "

But , it could be , their persoonal Look Out , What to do ? , and , What not to do ? ,

Shall i explain , to understand , some other way , through , one incident - example , as to , why and how it ( Editing = Cut Off ) happened? ,

A ........(S)hort (S)tory :-

There was a Theft , in the Kingdom of Emporer Akbar ,
the thief was not found , by police , .......so , keeping doubt , so many ( about dozen ) were detained into interrogation , ......but ,
" Original Thief " could not be identified ,
Ultimately the matter , to find out " Original Thief " , was handed over to Birbal ,

Birbal called All dozen thieves ,...... asked to stand in front of him ,
and , said to all ,....... i am giving each of you , one stick , which is 12 inch long ,
You all go with stick now , and , come back here , to morrow with stick , at this time ,
I will find out one Original Thief ,
Because , the stick of Original Thief will become , automatically , 4 inch longer , than it is ,

Next day , all came , and , .....stood in front of Birbal in Darbar of Akbar ,

Birbal checked stick of all , .....and , .......he brought out " Original Thief "

The stick of " Original Thief " was...... 4 inch ...." Cut Off "

Because " Original Thief " thought , that , my stick will become 4 inch longer , and , i will be proved to be Original Thief , in front of all , .....so , let me ..." Cut Off " .....my stick 4 inch , .....so that every thing is O K ,

But , he did not think long , by " Cut Off " , this way , that , on the Contrary , it will be proved , that " I Am Original Thief "

And , according to me , ( Head of SS & Co. ) , is still in ....." Limit/s " .... only , and , up till now has not gone to the Extent , that ,
.....(S)he has not ordered , ......our So Said Leader/s , ......to Replace ,..... the Photograph/s of MHI , ....by his ( Head of SS & Co. ) Photograph/s , .......should We not Thank him for ? ,
......and , by Chance ,on availability of any such opportunities ,
.......if , it happens so ,

even then ,

i am sure , that , Our all So Said Leader/s , will not follow his such order/s , .....except , (S)ome (S)uch only , which are much benefited by him , ......and , further also , ...... if they wanted continue to be benifited and /or appointed , at particular place/s ,

So far as , if , i am to advise , .....any such body , ......who is following Order/s of Head of SS &Co. , .....but , which order/s are against Farman/s of MHI ,
......then , .......i could advise only ,
......that , in Any Circumstances , ......Our Loyalty - Iman , ......to Remain to MHI only , ...and ......Not to Any Body Else , ....may be any body , he or she ,

Imam Sultan Mohemmed Shah has also Confirmed Cleared , in Farman/s ,
which means to say ,
that , in Our Religious Principles Matters ,......" My Say "( Imam's Say - Imam's Farman/s )is only Final , ....which only to be followed ,.... and , not of any one else , .....not of my Son or any Family Member/s even .....! ,

Can you please , arrange for Complete Text of Video/s ...with Marking on " Edited Part " ........and , send to me & others ...? ,
.......for Further Study & Response .....! ,

Sorry for any Trouble ,

With Regards
&
Ya Ali Madad

Mansoor Noorani

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