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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

Letter to Shafik

Letter to Shafik Sachedina;

From: "M@chatur.co.uk"
Date: 31 August 2014 01:26:02 GMT+8
To: Shafik.Sachedina@sussexhealthcare.co.uk, Sandrine MONGIN , ""
Subject: Re: Letter from Shafik Sachedina .. see the "Incriminating" email exchange which nails some of them now ! Re:.Copyright Infringement

Vazir Shafik Sachedina

Dear Shafik,

Request for Clarification & to do as Imam says in Farmans and our constitution
1. I am sharing our Ismaili anthem and pledges we made to Hazar Imam. You clearly do not want me to share them (knowing others are). And further you do not want to tell me why you do not wish me to do so. I have asked & explained.

2. You have not contacted me. Ayaz filed a notice on your instructions without contacting me. He does not reply my letters. He refuses to discuss with me, presumably on your instructions. Has he also been instructed "informally" by Mr H Motani & Mr Carnegie

3. You have unconstitutionally not involved or consulted our UK President, Council , respected elders or Mukhi Sahebs. None of them have contacted me. If you had, they would know the facts & reasons. They would have considered them. If they agreed with you , then they would first contact me to discuss and try and resolve this internally as Imam wishes. I spoke to President Amin and asked if he knew Ayaz and was there any consultation with him. He said no.
4. We have the UK Ismaili council's legal Board, and the Ismaili lawyers alliance with some 45 lawyers. You have ignored them & are using lawyers and who are not Ismailis. Do you have no confidence or respect for Ismaili lawyers or our Ismaili legal board ? Should they not be the first port or a port of call, constitutionally?

5. You did not involve or consult the UK national conciliation and arbitration Board. Are they not our constitutional body which is to be approached first together with our Mukhi Sahebs & President ? They have made no contact with me.

6. From your own emails, you are not keeping Zauhar Meghji and N Kheraj fully informed, & by not copying all the emails to them too. They are directors of IPL and your Co-Directors at IIS. Do you operate in this manner in a matters with our National leaderships.

7. From your email you have not given to them all the facts let alone a detailed review & assessment of the facts, the Law , our constitution, Farmans and of the effect and impact which you should have shared constitutionally with especially our UK Council, relevant Mukhi Sahebs, relevant Boards, NCABS, and ICAB ( because this is a matter of global interest for our Jamat)

8. You asked one lawyer Mr Carnegie to do you a favour to draft a letter for Ayaz, without instructing his firm or giving him the full facts & evidence. At the same time you have also consulted & instructed informally another firm namely Clifford Chance (Mr Motani - who is a constitutional leader & has taken an oath to serve the Jamat and follow our constitution and Farmans to the best of his ability)

9. You have not involved and consulted ICAB. If you had they would have advised you and they would have advised, involved and consulted NCAB UK. They have not contacted me on this matter. I have kept them and NCAB informed.that is the right constitutional and brotherly thing to do.

10. You write an email to E Rupani to "take urgent action" when you have appointed lawyers and you have authorised Ayaz somani as the nominated representative of IPL. You do not explain what urgent action is to be taken & why. What is the role of E Rupani in IPL. You do not copy that email to either the Lawyers or to Ayaz Somani. Why are you excluding them?

11. You did not consult the UK council and ITREB regarding the content specific content I shared for an objective assessment & opinions.

12. If H Motani as suggested or another lawyer writes a letter to you tube please let me have a copy. I doubt any reputable lawyer seeing all your emails will advise or agree to write a letter that on or about 16th August 2014 IPL had copyright and that Ayaz was formally appointed and authorised by IPL to act and make representations to you tube. As Mr Carnegie indicates he did not have all the facts and the evidence.

In view of the above, 1 to 12, Do you accept that you are not respecting our constitution & Farmans of Hazar Imam.

Can you please let us know why you are not doing so, bearing in mind also, the lawsuit against Nagib and Alnaz and the meeting with Hazar Imam on 15th October 2014. I am happy to show a compelling minute by minute account of that meeting to our UK President, Council, Mukhis, NCAB & ICAB with you and M Manji present. Do you also agree there are many similarities for example, no contact, no dialogue, no consultations, not following Farmans, not following our constitution, not involving our councils, local leaders, elders, Mukhis, making false and misleading statements, etc

I also remind you of what Hazar Imam said in GJ Farman in London when Zauhar Meghji was President , and I was Hon Sec of ITREB for Middle East. That sentence was deleted. I was there.

I look forward to hearing from you. As this matter affects the Jamats globally, I have shared these serious concerns with every Ismaili President/council. If any of them believe what you are doing above is under our constitution and our Farmans, then I invite them to please let us know with their reasons. I am happy to also discuss & meet. I am also inviting a response from ICAB, NCABS and Or ITREB.

I am happy to meet you. We did have meetings regarding the lawsuit against Nagib and Alnaz, including the giving of Farmans to the Jamat, the teaching of our rites and practices, the publishing of books approved by Hazar Imam, the bringing together of the many Ismaili websites and maximising their collective benefit for the Jamats internally and increasing the understanding and image of our faith & community. You made promises which you have failed and refused to keep. Remember what you said and did when we at one of our meetings at Gatwick airport & at IIS.

We are on the same side. We seek and want what Imam says. That is what is best for the Jamat and for our families. If you agree let us please NOW do what imam says in Farmans & our constitution.

With Ya Ali Madad

PS - Can I please have an undertaking from you, Ayaz & IPL that if your lawyer writes to You Tube they will copy the letters to me. If you refuse than I propose to send the following letter. Unlike you I am writing to you first. I am doing what Hazar Imam says, and I am giving you an opportunity to agree & to resolve internally.

DRAFT LETTER to You Tube ( subject to any response from Ayaz- IPL & to be finalised

I have evidence from a director of IPL namely Shafik Sachedina that when My Ayaz Somani filed the notification he did not have formal authority to act from IPL and that IPL did not have copyright as claimed. They are now trying to get letters and or agreements from various parties who may or may not be the owners.
His lawyers are suggesting for the lawyer to write a letter to you tube which may persuade you tube. If you receive such a letter please forward a copy to me. I have not received an undertaking I have requested from Mr Ayaz Somani. Their lawyers have not written to me and do not seem to be formally instructed to act by Mr Ayaz Somani and IPL.

Mahebub Chatur

On 30 Aug 2014, at 12:25, "M@chatur.co.uk" wrote:

Thanks. Leaders & members of our community (Jamat) also need to know who knowingly & deliberately misled. misrepresented and or misinformed.

Ayaz Somani and Fariddun Hemani now know the facts , and have copies of the emails by Shafik Sachedina. They cannot now say they did not know. This goes for Shemin Abdulla , her team & others.

They also now know the facts regarding the lawsuit filed against Nagib and Alnaz, including the evidence of forgeries against Shafik Sachedina which has been submitted by Nagib in court and with our institutions.
Ayaz therefore my further requests to you,

Ayaz, Please let us know who told you to file the notice & claim with you tube ? If in writing please share a copy. If verbal let us know who, what was said, and when.
Ayaz, who led you to believe you had authority and when did you know IPL did not have copyright and or proof of copyright.

Ayaz, did you knowingly and deliberately misrepresent and or mislead and or misinform you tube & me.

Ayaz, have you now spoken to N Kheraj & Zauhar Meghji ? Did you gives copies of all my emails to them and to H Motani and Mr Carnegie? Have you now received the IPL Board resolution authorising you. Please let me have a copy. Please do verify all the directors were present and voted.

Ayaz, Have you spoken to H Motani on this matter and if so when and what was said. Was this before you filed your claim ? Was H Motani's Firm formally instructed by IPL ? Was Carnegie formally instructed by IPL. If not, they may may have breached their professional & law society compliance , ethics. rules & regulations. That is also a matter to be considered.

Ayaz, The letter you sent was drafted by Carnegie. Did you know it was drafted by him. Did he call you and take instructions from you. He says he drafted your letter to me as a favour to Shafik Sachrdina without going though all the facts and the evidence.
Ayaz, have you spoken to Faridun and did you know what his involvement was from Shafik Sachedina assuming he instructed you personally to file the claim and or from others like Shemin and or her team ?

I look forward to hearing from you. And also from Fariddun who I am copying this email to. Also from Shemin and her team. I re-confirm I am happy to meet and talk to the appointed Leaders , their authorised representatives. or members of the Jamat.

Once again as Zinat is also saying let us all do not what Shafik is saying but what verifiably Hazar Imam says in Farmans and our constitution.
If we do not respect Hazar Imam, then you are damaging our community, our institutions and brining them into disrepute. Let us please not do that and try to work together, to enhance them for the benefit of the Jamats globally.

With Ya Ali Madad

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