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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

Marielle Tabib Prothonotary

Marielle Tabib Prothonotary is considering submissions made at the hearing on 7th oct, in the case regarding Highness the Aga Khan. Meanwhile an offer made by Alnaz Jiwa is doubled by a member of the community to end the lawsuit.

This offer is made in the spirit of what His Highness the Aga Khan advocates, exemplifies and guides members of his community to always do.

Letter doubling the offer (as received)

To LIF - Members & Board of Leaders International Forum (LIF), Leaders of National Jamati constitutional Institutions, ICAB, NCABS, Shafik Sachedina, Aziz Bhaloo, E Rupani, M Manji, M Talib, M Keshavjee. N Nanji & Azim Lakhani.

cc Alnaz Jiwa & Nagib Tajdin

From: Mahebub Chatur

Re: Lawsuit against Alnaz Jiwa & Nagib Tajdin

OFFER TO END THE LAWSUIT AGAINST ALNAZ JIWA

I refer you to;

1 The Offer from Alnaz Jiwa

As you know Alnaz has offered to pay the maximum notional figure of $6,720.00 for 96 books at $70 each ( $87 each, based on 78 booksi. Alnaz did not make a profit, & made his offer in the spirit of what Hazar Imam has said about resolving differences internally & work together.

2 LIF announcements - 2 - excerpts

a. “.Mawlana Hazar Imam has authorised the LIF to share with the Jamat its background, in order that there is absolute clarity that the legal steps have been undertaken as a sad last resort…

b. “.The Jamati institutions will continue to keep the jamat informedof further development.."

You have not accepted Alnaz’s offer & are still not ending your claim against him. Gray said in court that Alnaz could have sold some of the 78 books for $70, not $50. By not accepting the figure of $50 per book, you obviously want more money from Alnaz to end your claim and lawsuit. This is not what Hazar Imam said on 15th October 2010.

Since you want more money, I confirm I am doubling Alnaz’s offer to end the lawsuit against Alnaz.

This should be considered & discussed institutionally, constitutionally and consensually. And as Imam says. Especially by LIF who are authorized by Hazar Imam (according also in your LIF announcements)

Before sending this offer, I asked Alnaz If I can do so and for me to pay the additional amount. He agreed. I also asked Nagib & he has no objections. If you agree, my wife Firoza, and I will arrange through our Council President to send to Hazar Imam. And Gray can be instructed by you to end lawsuit against Alnaz.

This offer increases Alnaz’s offer to $171 per book based on 78 books with no deductions whatsoever (not even the cost of the books).

This offer is notwithstanding the following, and what we know,

1 What Hazar Imam says, and said on 15th October 2010. Including especially;

a. resolving matters internally, by consent & to work together.

b. Hazar Imam does not want any money from Alnaz (or Nagib)

c. Hazar Imam allowed all those who have the books of Farmans, to keep them without
i. The court also agreed in the court order

d. Gray also said Hazar Imam does not want any money from Alnaz and Nagib

e. Hazar Imam wants all murids to have Farmans

f. Hazar Imam confirmed Alnaz was not involved.

g. Hazar Imam asked you to end the lawsuit.

2 The significant, costs of the lawsuit and, loss for our community

3 Alnaz did not intend to, and did not make a profit, from the 78 books.

a. His intention as Imam wishes, is for members of the Jamat to have Farmans to read understand and benefit materially & spiritually.

4 The cost charged by IIS, and our institutions for comparable books.

5 Evidence of forgeries submitted by Nagib to you, ICAB, and NCAB

6 Hazar Imam authorised & approved the publication Farmans according to your own announcement.

a. “ The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved texts of his Farmans, including those made for the Golden Jubilee. This will be made available to the Jamat in the near future”

7 Alnaz was assaulted inside Jamat Khanna because of misinformation & marginalization by you, and this was confirmed, and spread also by M Kamadia and A Dharamsey

8 Hazar Imam wants all Murids to have Farmans to read understand and benefit from, both materially and spiritually. (see 88 proofs and Farmans submitted to you)

9 Hazar Imam said you should have resolved this matter internally, by consent and consensus.

a. You did not even meet Alnaz let alone make any effort to resolve this internally with him.

i. (Instead you made a false announcement to say you made every effort to resolve this internally)

b. If you had
i. you would have followed Farmans , instead of defying Hazar Imam.

ii. the benefit in costs, image, reputation & time would have been significant for our community.

10 Nagib has made an offer to you, which you have not accepted so far.

a. The offer is without prejudice, and

b. If you accept this offer, you will agree an appropriate counter credit for Nagib of the amount paid under this offer.

I Look forward to your consideration & response. If any of you have or need any information to clarify, share or discuss, please feel free to contact me or respond by email.

Mahebub

PS Please refer also but not only to the 2 LIF Announcements , & the 88 Proofs & Farmans forwarded to you.

From: m@chatur
Sent: 16 October 2014
To: 'Alnaz Jiwa'; 'Khan'; 'Ambassador Aziz Bhalloo'; 'Ex President M Manji Canada'; 'editor@theismaili.org'; 'shafik.sachedina@akdn.org'; 'Eqbal Rupanii CEO LIF'; 'President Aga Khan Council Canada Malik Talib'; 'sherbanoo.moledina@akdn.org'; 'mahmoudeboo@gmail.com'; 'Noordin Nanji Chairman ICAB'; 'Nagib Tajdin'; 'aminmawji@blueyonder.co.uk'

Dear Shafik Sachedina, Aziz Bhaloo, E Rupani. M Manji, M Talib, Azim Lakhani, LIF & Leaders,

Alnaz Jiwa confirms he is willing to pay the maximum notional figure of $6,720.00, for 96 books at $70 each. Will you now accept this, and end your lawsuit & claim against Alnaz?

(Notwithstanding what we know, & in the spirit of what Imam says in Farmans)

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