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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

A letter I sent to Leaders

A letter I sent to Leaders including Brain Gray the Lawyer acting in this lawsuit;

To: 'bgray@ogilvyrenault.com'; 'informed39@yahoo.com'; 'brian.gray@nortonrosefulbright.com'; 'Ex President M Manji Canada (farimed@rogers.com)'; shafik.sachedina@sussexhealthcare.co.uk; 'MONGIN, Sandrine'; 'Eqbal Rupanii CEO LIF'; sherbanoo.moledina@akdn.org; 'noordin.nanji@gmail.com'; 'Alnaz Jiwa'; President Aga Khan Council Canada Malik Talib; mahmoudeboo@gmail.com; 'Ismaili Council President UK aminmawji@blueyonder.co.uk'; Nagib Tajdin (nagibtajdin@yahoo.com); 'Alnaz Jiwa'; 'Mohammed Keshavjee (isabelle.cirot@aiglemont.org)'; 'Ambassador Aziz Bhalloo'

I refer to your email copied to me. I made a further offer on 16th October 2014 to end this lawsuit, as directed by His Highness the Aga Khan on 15th October 2010.

I assume Mr Gray has received this proposal from our Leaders. If you have not, please obtain a copy from, & consider with Shafik Sachedina, and/or Malik Talib, M Manji, E Rupani, M Eboo, & Noordin Nanji. Essentially Alnaz offered the following, and I agreed to double his figure of $6720, and to pay the sum immediately to His Highness the Aga Khan. “Alnaz Jiwa confirms he is willing to pay the maximum notional sum of $6,720.00, for 96 books at $70 each, without any deduction for costs or books as gifts etc”

From: Informed Informed [mailto:informed39@yahoo.com]
Sent: 17 November 2014 12:05
To: bgray@ogilvyrenault.com

PLEASE SEE TWO ATTACHMENTS ON:
WHY COPYRIGHT SUIT SENSELESS AND MALICIOUS:

1. Original article and e-mail to Sachedina
2. Responses and comments from readers.

=====================================================
NOVEMBER, 17, 2014

BRIAN GRAY bgray@ogilvyrenault.com
BARRISTER- AT- LAW
OGILVY RENAULT LLP / S.E.N.C.R.L., s.r.l.
Suite 3800
Royal Bank Plaza, South Tower
200 Bay Street, P.O. Box 84
Toronto, Ontario, M5J 2Z4 T : 416.216.4000
Montréal / Ottawa / Québec / Toronto / Calgary / London
ogilvyrenault.com

Dear Mr. Gray:

Re: Copyright suit
Aga Khan v Nagib Group

This letter is addressed to you as a lawyer for Aga Khan or Imam for Ismailis. The author is one of the followers and very much concerned about the suit particularly the bond and affection between Imam, as a spiritual father and followers as his spiritual children is higher than ordinary parents and children.

As enlightened in the attachments herewith, it is more than obvious that suit is not only senseless but malicious against the Nagib’s group i.e. defendants. This is because the “farmans” are published by e-mail in millions after each “deedar” by followers. As such defendants have absolutely done nothing MORALLY wrong in compiling just a few farmans in collectible books for the benefit of the followers, though this may have on technical ground contravened the law. But than moral law is always above the legal law. One has to be totally out of his mind to file such a suit, that also against most dedicated followers and wash dirty linen in public. People always look down when a battle is between a goliath and a mouse.

Like most leaders, Imam also substantially relies on his Aid and professional for feed-back and advise. As explained in the attachment, this suit has been initiated and propelled by Mr. Sachedina only for his own personal end at the heavy cost to the reputation of Imam. The way appeal after appeal is filed tantamount to nothing but absolute act maliciousness not mentioning harassment by asking defendants to furnish all kind of unnecessary information such as particulars of all the buyers to whom books were sold.

Mr. Gray, as a professional, how could you let such senseless suit be filed and also be a party to an on going malicious acts….!!!

To amend the situation, you should forthwith pass this e-mail with attachments to Imam as it looks the situation from outside the box or gives different perspective. More the perspectives, better the decision can be arrived.

A most concerned follower

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