Welcome to F.I.E.L.D.- the First Ismaili Electronic Library and Database. Guests are not required to login during this beta-testing phase

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

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
@fraud by Alnaz (not verified)
kachoomber by kachoomber (not verified)
The Proof is in the pudding! by librarian-umed
Here is the proof by sadrudin (not verified)
When there is fraud, there by librarian-umed
LOST OF FIRMANS by AMIN (not verified)
Only victim? by Satpanthi ?? (not verified)
Clearly out of touch... by Imlaughing (not verified)
Two "corrupt judges" ? by Bloglaw (not verified)
Only victim can file the criminal complaint by Sadrudin (not verified)
Din and Dunya by Bloglaw (not verified)
Mawla is here to guide us by integrity (not verified)
I pray, Mawla aapke ye dil by bloglaw (not verified)
@kachoomber by Muhammad (not verified)
"Peaceful Solution" by Yasmin (not verified)
@ Sadrudin by kachoomber (not verified)
@ A. Jiwani by librarian-umed
@Sadrudin by librarian-umed
Ismaili is not looser! by Sadrudin (not verified)
Who are the loosers ! by bloglaw (not verified)
forgery by Sadrudin (not verified)
The Judgement was no surprise by Alibhai Jiwani USA (not verified)
We must do what Hazar Imam by karim ali (not verified)
What are the benefits since by integrity (not verified)
The central Issue for Ismailies by bloglaw (not verified)
True, the Canadian Federal by librarian-umed
No one knows the future. by librarian-umed
criminal charges by sadrudin (not verified)
@Appeal Decision by Muhammad (not verified)
Yes fraud charges are by librarian-umed
I concur by sadrudin (not verified)
@appeal decision by Alnaz (not verified)
From what you have said, one by librarian-umed
what happen to forgery allegation? by Sadrudin (not verified)
We must not forget why we by Amin (not verified)
In the many battles in this by integrity (not verified)
Thank you. I Look forward to by Bloglaw (not verified)
@Alnaz (Jan. 17) by Kanize (Canada) (not verified)
Copy of the Judgment will be by librarian-umed
Appeal by Alnaz (not verified)
Imam is repeatedly  showing by Concerned (not verified)
Imam says we must not only by Concerned (not verified)
so who is the judge? by Sadrudin (not verified)
we cant say we did not know. by Bloglaw @ Alnaz (not verified)
@Nagib re: "On 15 Oct." (Jan. 15) by Kanize (Canada) (not verified)
Iblis by KasamAli (not verified)
@proof by Alnaz (not verified)
@Oct 15.... by Alnaz (not verified)
"Strong Faith, Good intentions, etc." by Yasmin (not verified)
When Imam leave designated by salim (not verified)
On 15 October 2010, Mohamed by Nagib Tajdin (not verified)
Some of the questions and by dove786 (not verified)
Are Leaders lobbying & by integrity (not verified)
@Bloglaw by Yasmin (not verified)
You proved yourself wrong:) by Ilakhani (not verified)
@Umed by Yasmin (not verified)
A naive question - Mr Gray by Amin (not verified)
I don't think Gray knows the by librarian-umed
Interesting question. Gray's by librarian-umed
@librarian-umed by Muhammad (not verified)
Mr Gray is an avid reader by librarian-umed
The matter of editing is not by librarian-umed
Your Question about Gray by Nagib Tajdin (not verified)
Thanks. If leaders, and by integrity (not verified)
Is Gray lying?? by Alnaz (not verified)
Hazar Imam granted another by Bloglaw (not verified)
Ameen, and may the murids by @yasmin (not verified)
The question is of true love by integrity (not verified)
@ librarian-umed by Muhammad (not verified)
Bloglaw by kachoomber (not verified)
@Iblis story by Alnaz (not verified)
Iblis @ Sadrudin by Bloglaw (not verified)
@Sadrudin by librarian-umed
Iblis by Sadrudin (not verified)
@Bloglaw by Yasmin (not verified)
Imam is in this world with by Unbelievable (not verified)
I think if mawla had filed by Jamil (not verified)
Allah, Prophet by Bloglaw (not verified)
@Bloglaw by Yasmin (not verified)
Thats right. Mr A Dharamsey by Bloglaw (not verified)
Re SS and Gray by Alnaz (not verified)
@integrity by Alibhai Jiwani USA (not verified)
There are many quotes in the by integrity (not verified)
@Bloglaw re: Jan. 7th post by Kanize (Canada) (not verified)
@Bloglaw re: Jan. 8th post by Kanize (Canada) (not verified)
@Alnaz re: January 6th post by Kanize (Canada) (not verified)
@Integrity re January 7th post by Abdullah (Canada) (not verified)
@bloglaw and mukhis' oaths by Alnaz (not verified)
Wow ! Would Hazar Imam ever by Amir (not verified)
Resignation ! by Bloglaw (not verified)
Mukhis, Presidents & chairs by Concerned (not verified)
There is no doubt that the by kachoomber (not verified)
There is no doubt that the by librarian-umed
On 13 Dec 2008, 23 years by Amiru (not verified)
S Sahedina is not telling by Integrity (not verified)
Oath Farmans & Constitution by Bloglaw (not verified)
@bloglaw by Alnaz (not verified)
A majority of Mukhis by Bloglaw (not verified)
Letters to Hazar Imam should by Bloglaw (not verified)
@other leaders' liability. by Alnaz (not verified)
What does the scriptures say? by Alibhai Jiwani USA (not verified)
@correction by Alnaz (not verified)
@Alnaz (Jan. 4) by Kanize (Canada) (not verified)
@Bloglaw re: Nov. 1987 Farman (post of Jan. 4th) by Kanize (Canada) (not verified)
@Bloglaw and analysis of farman.. by Alnaz (not verified)
Ginan's can be interpreted by Muhammad (not verified)
So how are SS and MM serving by sadru (not verified)
one more ... by integrity (not verified)
True, the real owners are by amir (not verified)
Farman in November 1987 - by Bloglaw @ Alnaz (not verified)
Ginan's can be interpreted by librarian-umed
@ misquoting GINAN by kachoomber (not verified)
@ misquoting Ginan by Alnaz (not verified)
@ Mohammad: regarding the Ginan by alibhai Jiwani USA (not verified)
@ Farman on governance by Alnaz (not verified)
ALNAZ by kachoomber (not verified)
@ Mohammad: there is no misquoting of Ginan here. by Alibhai Jiwani USA (not verified)
@ murid: Great posting! thanks for sharing by Alibhai Jiwani USA (not verified)
Please let us know the by Bloglaw (not verified)
Solution is not to just keep by Bloglaw (not verified)
KHOTANE KATRI NAAKHSHE by Muhammad (not verified)
i have clarified in my todays post .....dont worry ...! by Mansoorali Abdulrahim Noorani (not verified)
A Healthy discussion indeed... awareness through this web site by Mansoorali Abdulrahim Noorani (not verified)
An email from a Murid being by Murid (not verified)
KHOTANE KATRI NAAKHSHE by kachoomber (not verified)
@Yasmin by Alnaz (not verified)
@Kachoomber re: Ginan (Dec. 31) by Kanize (Canada) (not verified)
@Alnaz by Yasmin (not verified)
@Bloglaw by Yasmin (not verified)
Mansoorali by kachoomber (not verified)
KHOTANE KATRI NAAKHSHE by muhammad (not verified)
Sayed Imamshah's ginan by kachoomber (not verified)
Iif Imam was concerned that by Bloglaw (not verified)
You are right  - That is by Bloglaw (not verified)
"..the key to future by Integrity (not verified)
Therefore it is not the duty by amir (not verified)
@Kachoomber re: "Imam NOT bound by time" (Dec. 27) by Kanize (Canada) (not verified)
"Peaceful Solution" by Yasmin (not verified)
@Mansoorali by Yasmin (not verified)
You are right  Mansoorali by @Mansoorali (not verified)
@Mansoorali and pocketmaar by Alnaz (not verified)
Mansoorali by kachoomber (not verified)
Hazar Imam said if someone by Bloglaw (not verified)
The issue is about much by Amir (not verified)
@Mansoorali by Yasmin (not verified)
@Amir by Yasmin (not verified)
@Alibhai Jiwani USA by Yasmin (not verified)
@ Yasmin by Alibhai Jiwani USA (not verified)
@Yasmin 'stop attacking' by Alnaz (not verified)
@Bloglaw by Yasmin (not verified)
If i/we leave every thing to MHI , then , what i/we are to do ?! by Mansoorali Abdulrahim Noorani (not verified)
fostering dialogue & sharing... by concerned (not verified)
I don't think people are by Murid (not verified)
I would add this quote by by librarian-umed
Ameen and Ameen.   I refer by Bloglaw (not verified)
@Salman by Yasmin (not verified)
@Dbk by Yasmin (not verified)
Not flawed I think. It seems by Salman (not verified)
@iPhone @&$(;:/ghyt by Alnaz (not verified)
@Dbk-Dec. 28, 2011 by Yasmin (not verified)
Imam is waiting for a reason by blog law (not verified)
Mhi after MM and SS's unruly behavior!! by Alnaz (not verified)
@Dbk ignoring mhi's own words,,,,,, by Alnaz (not verified)
Mawla Bapa said in 1957 that by Amir (not verified)
I think you need to read the by Bloglaw (not verified)
Exactly my point by Dbk (not verified)
Flawed analogy by Dbk (not verified)
Autonomous authority ? by Dbk (not verified)
MM told Mowlana Hazar by Nagib Tajdin (not verified)
I think your take is by Bloglaw @ Alnaz (not verified)
Another example, A Doctor by Concerned (not verified)
MHI and control!! by Alnaz (not verified)
You are right. DBK should by Murid (not verified)
Following Farmans or not ! by Bloglaw (not verified)
Imam NOT bound by time by kachoomber (not verified)
resigning by dbk (not verified)
Farmans Farmans.... Why? by Alnaz (not verified)
Disconnect or se dictators ! by Bloglaw (not verified)
You are right and If leaders by @ Alibhai (not verified)
Waezens and knowledge. by Alnaz (not verified)
@ Alnaz by alibhai Jiwani USA (not verified)
Shocking !!! But not surprising. by Alnaz (not verified)
Thanks ....for Responsing ....so deeply.... so soon ...! by Mansoorali Abdulrahim Noorani (not verified)
This is shocking Mansoorali. by bloglaw (not verified)
Information on documents/affidavits/defence etc .....! by Mansoorali Abdulrahim Noorani (not verified)
@Bloglaw re: Dec. 25 post by Kanize (Canada) (not verified)
@Mansoorali Abdulrahim Noorani re: Dec. 25 by Kanize (Canada) (not verified)
Three cases in Hon Courts ...on 23/12/2011...! by Mansoorali Abdulrahim Noorani (not verified)
In our new Constitution, by librarian-umed
Further details of meeting ...with ITREB ......etc....! by Mansoorali Abdulrahim Noorani (not verified)
Thank you and look forward by Bloglaw (not verified)
@Mansoorali Abdulrahim Noorani (Dec. 23 post) by Kanize (Canada) (not verified)
Re: We must... by Abdullah (Canada) (not verified)
details of the meeting with ITREB dated 21/12/2011.....! by Mansoorali Abdulrahim Noorani (not verified)
AB, SS and MM are not telling the truth ! by Bloglaw (not verified)
People of truth by boglaw (not verified)
Thank you and looking by Bloglaw (not verified)
SS and MM should also by Bloglaw (not verified)
Long awaited pending meeting with ITREB finally done today...! by Mansoorali Abdulrahim Noorani (not verified)
We must all use our by abdullah (not verified)
Since your orientation it by bloglaw (not verified)
Delegation of duties....... by kachoomber (not verified)
@shocked Murid. Not only by Bloglaw (not verified)
I find it amazing that Imam by Integrity (not verified)
The LIF announcement says by Shocked Murid (not verified)
M/Ks orientation!!! by Alnaz (not verified)
Point noted by Iman (not verified)
Real Faith by Observer (not verified)
You are right that M/K's are by Muhammad (not verified)
They act as proxy "A person by murad (not verified)
You are very unfair in by Blog law (not verified)
What Mukhis are saying today by bloglaw (not verified)
You are right that M/K's are by Bloglaw (not verified)
Obviously MK are not the by librarian-umed
We must not understate or by Muhammad (not verified)
Mukhi Sahebs must ask for by concerned volunteer (not verified)
Charity begins at home by Iman (not verified)
status of m-k's by kachoomber (not verified)
We must not understate or by Bloglaw (not verified)
@Bloglaw re: What Lif members... by Kanize (Canada) (not verified)
Concerned  @ bloglaw  Each by Concerned (not verified)
Murid,  All leaders by Murid (not verified)
What LIF members should do by Bloglaw (not verified)
On 15th October 2010 Hazar by Bloglaw (not verified)
@ Sadrudin by Nagib Tajdin (not verified)
Let's speak with one voice by Sadrudin (not verified)
On 15th October Imam also by Bloglaw (not verified)
Obviously a lot of people by librarian-umed
Compilations of farmans by Nasir (not verified)
it would be nice to be by librarian-umed
Imam is blunt and straight by Sadrudin (not verified)
@yasmin and Nasir by Alnaz (not verified)
In 2007 Imam also made a by Bloglaw (not verified)
@Bloglaw by Yasmin (not verified)
If everyone follows your advice by Iman (not verified)
@Umed by Yasmin (not verified)
I agree each of us must our by Bloglaw (not verified)
The Lawsuit has became an by librarian-umed
"Speak with one voice" by Yasmin (not verified)
@Bloglaw by Yasmin (not verified)
in 1905 when the first by librarian-umed
You need to finish your by bloglaw (not verified)
SS and co tell Leaders and by Bloglaw (not verified)
Adjudicating Leadership???? by I Lakhani (not verified)
I agree and if Nasir really by Murid (not verified)
Me too if not for following by Bloglaw (not verified)
@Alnaz by Yasmin (not verified)
@ Nassir, Your equation is flawed. by Nagib Tajdin (not verified)
Copt right lawsuit by Nasir (not verified)
@Bloglaw (What Allah...) (Dec. 6th) by Kanize (Canada) (not verified)
@ Bloglaw by Mansoorali Abdulrahim Noorani (not verified)
Who do you think is helping by Murid (not verified)
What immediately comes to by Bloglaw (not verified)
@Bloglaw re: Imam never... (Dec. 6) by Abdullah (Canada) (not verified)
@Bloglaw (You are right but...) (Dec. 6) by Kanize (Canada) (not verified)
@Bloglaw by Alnaz (not verified)
Imam never discards the by Bloglaw (not verified)
What Allah Says regarding by Bloglaw (not verified)
You are right  but then by Bloglaw (not verified)
@concerned!!!!! by Alnaz (not verified)
no waves no Tsaunami :) We by Bloglaw (not verified)
I say never say never , by Concerned (not verified)
Are there enough Ismaili heroes to do that? by Alibhai Jiwani (not verified)
No need to make waves! by librarian-umed
@ concerned by Alibhai Jiwani (not verified)
If I was Chairman of LIF or by Concerned (not verified)
Bloglaw by Alibhai Jiwani (not verified)
@bloglaw by Alibhai Jiwani (not verified)
@kanize and Bloglaw by Alnaz (not verified)
Why has Mawla not stopped SS by Bloglaw (not verified)
Mediation and conciliation by Bloglaw (not verified)
:) bloglaw sounds like a by Murad (not verified)
@Bloglaw re: Whilst we... by Abdullah (Canada) (not verified)
@Murad (I wonder how...) (Dec.1) by Abdullah (Canada) (not verified)
How to know... by Concerned (not verified)
@Bloglaw re: Mandli...(Dec. 1) by Kanize (Canada) (not verified)
"... I would like you by integrity (not verified)
I wonder how u know Kanzie by Murad (not verified)
Whilst we can all threaten by bloglaw (not verified)
re Mandli - The Mandli by Bloglaw (not verified)
Do not agree with Bloglaw by Iman (not verified)
@Abdullah you are right on.... by Alnaz (not verified)
@librarian-umed (Beej was...) Nov. 30 by Abdullah (Canada) (not verified)
Re: Class action by Abdullah (Canada) (not verified)
@Integrity (Nov. 22) (I have been...) by Abdullah (Canada) (not verified)
@Murid re: Very well put... (Nov. 27) by Kanize (Canada) (not verified)
@Bloglaw (You are totally ...) Nov. 30 by Abdullah (Canada) (not verified)
You are totally wrong to by Bloglaw (not verified)
Inconsistencies!!!! by Alnaz (not verified)
The process is that ,  1 by Bloglaw (not verified)
Class action by Alnaz (not verified)

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Post new comment

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <b> <i> <pre> <hr> <p> <!>
  • Lines and paragraphs break automatically.
  • Use <bib>...</bib> to insert automatically numbered references.
  • You may use [acidfree:xx] tags to display acidfree videos or images inline.

More information about formatting options

To prevent automated spam submissions leave this field empty.


Back to top