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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

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@ Abdul by Alibhai Jiwani USA (not verified)
TRUTH SHALL SET YOU FREE. by ABDUL (not verified)
Oral directions received by librarian-umed
Touching, very much so by Alnaz (not verified)
@Alibhai Jiwani by Yasmin (not verified)
Why has the case not ended as yet? by Alibhai Jiwani USA (not verified)
@ Alibhai Jiwani by Kasamali (not verified)
Your comment Mr Bloglaw by Rabya (not verified)
@Bloglaw re: above post of Nov. 7th by Kanize (Canada) (not verified)
@ Bloglaw by An ordinary Murid (not verified)
very well said by Farmanbardari (not verified)
The defendants will not lose the case. by Alibhai Jiwani USA (not verified)
Why are SS and MM being so cruel by Iman (not verified)
To Farmanbardari re: above post of Nov. 5 by Abdullah (Canada) (not verified)
@Kassamali by Yasmin (not verified)
@ Asif by Kasamali (not verified)
@Bloglaw by Yasmin (not verified)
@Zeenarara by Yasmin (not verified)
The curtain has lifted by Zeenatara Allahrakhyaa (not verified)
MORE MIS-INFORMATION OR SPECULATION by Bloglaw (not verified)
Heritage Website by Asif Momin (not verified)
@Alnaz Jiva by Alibhai Jiwani USA (not verified)
A Consent Judgment by Nagib (not verified)
Can the whole dicovery process be disqualified? by Alibhai Jiwani USA (not verified)
@ librarian Umed:How will that resolve? by Alibhai Jiwani USA (not verified)
The disagreement between SS by librarian-umed
Spiritual health and education by Farmanbardari (not verified)
Opportunity NOT missed !!!! by rabya (not verified)
Here is the guidelines that court sets by sadrudin (not verified)
Opportunity NOT missed !!!! by Alnaz (not verified)
@bloglaw, regarding Nov 4th comment by Alibhai Jiwani (not verified)
Lawyers... by Kasamali (not verified)
Pursuing the Case Further by Asif Momin (not verified)
No doubts in my mind! by Nagib (not verified)
Missed opportunity by Chai (not verified)
Meeting with the Imam by sadrudin (not verified)
"Make Hazar Imam Happy" by Yasmin (not verified)
Arjun's story did not end there.. by Believer (not verified)
@ Alnaz :You know it better. by Alibhai Jiwani USA (not verified)
Yes he contradicted all the by Nagib (not verified)
Did Hazar Imam told you that by AZ (not verified)
The defendant have not put by librarian-umed
@ Momin by An ordinary Murid (not verified)
letters by rabya (not verified)
@ALIBHAI JIWANI AND ALNAZ by ABDUL (not verified)
Recording by Alnaz (not verified)
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Heritage WebSite by Kasamali (not verified)
Has the whole tape by librarian-umed
@umed : On record is only part of the conversation. by Alibhai Jiwani USA (not verified)
Which leaders are referring to???? by Alnaz (not verified)
Urgent plea misplaced!!! by Alnaz (not verified)
That's the point. Now that by librarian-umed
@ Bloglaw re: above post of November 1st by Abdullah (Canada) (not verified)
@ Alnaz re: above post of Nov.1st (Keeping books) by Kanize (Canada) (not verified)
@ Alnaz re: above post of Nov.1st by Kanize (Canada) (not verified)
@ Alnaz re: above post of Nov. 2nd ("Angry!!!") by Abdullah (Canada) (not verified)
An Urgent and eager plea to both the defendants. by Alibhai Jiwani USA (not verified)
Good observation.... by Alnaz (not verified)
Books To ITREB vs IIS? by Alibhai Jiwani USA (not verified)
Angry !!!! by Alnaz (not verified)
Annotates by Alnaz (not verified)
LEADERS PLEASE HELP TO END THIS NOW by Momin (not verified)
@Umed by Yasmin (not verified)
@Alnaz:Mubarak! Mubarak to Alnaz and Nagib. by Alibhai Jiwani USA (not verified)
Shukhar Mawla! by Alibhai Jiwani (not verified)
Keeping books!!! by Alnaz (not verified)
Mulakat with Imam on Oct 15 by Alnaz (not verified)
MOST SHOCKING REVELATION SO FAR ! by Momin (not verified)
I think the case will continue. by Alibhai Jiwani (not verified)
Clarification by Alnaz (not verified)
SS and MM in Imam's presence!!! by Alnaz (not verified)
@ Abdul re: above post (Oct. 29) by Kanize (Canada) (not verified)
Behd by Farmanbardari (not verified)
Mowla's objective through the book by Farmanbardari (not verified)
@ Murad re: above post of Oct. 26 by Abdullah (Canada) (not verified)
@ Muhammad re: above post of Oct. 27 by Abdullah (Canada) (not verified)
WHAT'S THE "BEHD"? by ABDUL (not verified)
@Rabya by Nick (not verified)
IMAM IS HAPPY WHEN WE ARE HAPPY by Murad (not verified)
Patience Sabr by zak (not verified)
French comment by Mohez by Alibhai Jiwani (not verified)
your sharp analysis by Farmanbardari (not verified)
Nagib and Alnaz have agreed by Muhammad (not verified)
réponse à M Nato by rabya (not verified)
copyright by Farmanbardari (not verified)
No the Court will only by librarian-umed
What does consent judgement mean by knowledge (not verified)
@all by nato mohez (not verified)
UNEXPECTED AND SURPRISING ! by Murad (not verified)
Golden Jubilee Farmans Madagascar by Farmanbardari (not verified)
rope of guidance by Farmanbardari (not verified)
Nagib and Alnaz have agreed by librarian-umed
"WE ARE SOFT AND EMOTIONAL" by Nizar Ali K. Shivji (not verified)
Once the Consent is signed by Muhammad (not verified)
Once the Consent is signed by librarian-umed
CONSENT by Muhammad (not verified)
@Bloglaw by Yasmin (not verified)
sath panth by Farmanbardari (not verified)
fundamental questions by Farmanbardari (not verified)
Bloglaw' s above post of Oct. 23rd by Kanize (Canada) (not verified)
@Momin by Farmanbardari (not verified)
Farmans online & TKN by Momin (not verified)
I feel it should be by Murad (not verified)
Bloglaw gives reasoned by Pirani (not verified)
CONSENT by Momin (not verified)
This is on the Docket as the by librarian-umed
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Kasamali's above post of Oct. 22nd by Abdullah (Canada) (not verified)
Knowledge and love of the Imam by Farmanbardari (not verified)
@Kassamali by Yasmin (not verified)
Vision of an electronic secure access @Ikram @Abdul by Farmanbardari (not verified)
Farmans are our heart by Farmanbardari (not verified)
Perhaps this should apply to by librarian-umed
We are not here to judge anyone's Faith by rabya (not verified)
@ Abdul( fundamental questions) by Alibhai Jiwani (not verified)
What is needed is meaningful change by Momin (not verified)
@Abdul by Farmanbardari (not verified)
" PLEASE FOLLOW THE RECENT STEPS OF MAWLANA HAZAR IMAM!" by Nizar Ali K. Shivji (not verified)
@bloglaw by ABDUL (not verified)
Thank you Asif Momin by rabya (not verified)
FUNDADAMENTAL QUESTIONS THAT REMAIN by ABDUL (not verified)
@ Rabiya by Asif Momin (not verified)
OUR CONSTITUTION - THE GAP by Bloglaw (not verified)
My Intake by Babu (not verified)
thank you Yasmin by rabya (not verified)
@Rabya by Yasmin (not verified)
@Mr Shivji by Yasmin (not verified)
Put yourself in Gray's shoes by Ikram (not verified)
This case has now been by Concerned Momin (not verified)
excommunication by rabya (not verified)
@ Murad by Kanize (Canada) (not verified)
Access farmans @ Ikram by Murad (not verified)
A NEW ERA HAS BEGUN! by Nizar Ali K. Shivji (not verified)
Result of this event is going to be seen over generations. by Alibhai Jiwani USA (not verified)
To reciprocal your good wishes word to word by Nizar Ali K. Shivji (not verified)
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IMMENSE IMPLICATIONS by dumbfounded (not verified)
Importance of Farmans by Farmanbardari (not verified)
Ouf! quel soulagement by rabya (not verified)
Re: above post of Asif Momin of Oct. 17 by Abdullah (Canada) (not verified)
That article wasn't too bad by Rabya (not verified)
IMAMS DECISION MUST BE RESPECTED by Bloglaw (not verified)
@Mr Shivji by Yasmin (not verified)
Will action speak louder than words? by Murid (not verified)
I am sorry but thanks are by shaukat (not verified)
@kanize,@Rabya by nato mohez (not verified)
positive aspects of the meeting by Asif Momin (not verified)
Re: above post of rabya of Oct. 16 by Kanize (Canada) (not verified)
Re: above post of rabya of Oct. 16 by Kanize (Canada) (not verified)
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ottawa citizen by rabya (not verified)
Re: above post of heritage of Oct. 16 by Kanize (Canada) (not verified)
Still some details to resolve by Ikram (not verified)
Shukar by rabya (not verified)
WE CAN DISAGREE BUT WE DO CARE by Bloglaw (not verified)
Thank you for clarifying by Bloglaw (not verified)
A consent judgment is a by librarian-umed
Erroneous Conclusion by Kasamali (not verified)
MR. BLOGLAW, YOU WERE CHALLENGING! by Nizar Ali K. Shivji (not verified)
"THANK YOU AND ALLAH HAFEZ" by Nizar Ali K. Shivji (not verified)
WE BRING DOWN THE CURTAINS ON THIS EPISODE by Nizar Ali K. Shivji (not verified)
Nagib and Alnaz by Yasmin (not verified)
"discovery issue " by Nadia. A Jiwani (not verified)
Re: above post of heritage of Oct. 15 by Kanize (Canada) (not verified)
Re: above post of Nash Hudda of Oct. 15 by Kanize (Canada) (not verified)
Re: above post of heritage of Oct. 15 by Kanize (Canada) (not verified)
Above post of Nato Mohez (Oct. 15 addressed to Kanize) by Kanize (Canada) (not verified)
Only divine can give this ending by Alibhai Jiwani USA (not verified)
@ HERITAGE SAYS:: by NASH HUDDA CANADA (not verified)
Nagib and Alnaz by Yasmin (not verified)
Sukhran lilah Alhamdullilah by Bloglaw (not verified)
@kanize by nato mohez (not verified)
tajikistan by Sabzali (not verified)
From what I am reading right by Iman (not verified)
Please, Let this END now..... by Alaudin Alibhai (not verified)
Above post of Heritage (Oct. 14) by Kanize (Canada) (not verified)
LIF CAN AND MUST DO SO ? by BLOGLAW (not verified)
It may be hush hush. It will by librarian-umed
Will we ever know the real thing? by Alibhai Jiwani USA (not verified)
This is ismaili internal matter by sadrudin (not verified)
Is the meeting agreed and fixed ? by Bloglaw (not verified)
Re: above post of Alibhai Jiwani of Oct. 14 to Bloglaw by Kanize (Canada) (not verified)
@BADRU by NICK (not verified)
@bloglaw by Alibhai Jiwani USA (not verified)
Imam is Just by Nazmin (not verified)
Ameen. by Murid (not verified)
You are right. The thought by Bloglaw (not verified)
Imam has spoken ? by Badru (not verified)
Discovery Right of the defendant upheld by Asif Momin (not verified)
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what next? by ScepticIsmaili (not verified)
I think we will find out soon.. by chai (not verified)
order upheld by Kasamali (not verified)
Hazar Imam is not obliged to come for discovery. by Alibhai Jiwani USA (not verified)
What next? by Alibhai Jiwani (not verified)
Thanks by murid (not verified)
@alnaz by Dilawar H Momin (not verified)

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