Ismaili.NET - Heritage F.I.E.L.D.Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29
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
| Attachment | Size |
|---|---|
| Tajdin Defence Apr 29.10.pdf | 491.02 KB |
| Jiwa AK Defence Apr 29.10.pdf | 543.82 KB |
- Printer-friendly version
- Login to post comments
- 1333281 reads
Comments
@Bloglaw and analysis of farman..
Wonderful analysis of the Farman. There is one more point in the farman, IMHO, very very important. A little bit of history. In 1986 during USA visit, Imam said "many changes, many more than you can imagine will come to the organization of the jamat." Then months later he signed the Constitution. Then months later he signed the Rules and Regs in July of 1987, when the Constitution became in effect fully.
It is at this point he made the farman in Nov of 1987, a very detailed one on the governance etc., as explained by you. One point very important he made was that EVERY murid should be involved in the governance or administration of the institutions.
Quote: "But basically, the NEW Constitution provides that EVERY Murid has the same relationship to the Imam of the Time in the ADMINISTRATION of the Jamati matters, and that is, I think, a VERY IMPORTANT STEP. ... It makes it possible for the Jamat to have NEW organizations that will address the Jamat's NEEDS and it is YOUR responsibility to make sure that this NEW Constitution and the bodies under it function in the INTEREST and the BENEFIT OF THE JAMAT. Remember therefore, that not only is it your responsibility to make it function, it is your responsibility to make it serve the Jamat." (Emphasis added).
This NEW Constitution also made a very very important change: the oath of office was changed drastically from earlier ones: "I will protect and defend the Constitution." This change is the ESSENCE of the new Constitution. Whereas before obedience to leadership was expected (in the old days before 1987) the Constitution changed that: now all institution members had to defend the Constitution. Period. Hardly anyone understands the importance of this and hardly any leaders read or understand what they are expected to do. They follow the old school (or else will not be appointed). Eg. The farman also says that "so each body under the Constitution has a CLEARLY defined purpose and I would wish you to UNDERSTAND and to SHARE those purposes..........so that those bodies serve the Jamat n the best possible way." Yet I have argued over the years (specially on ilm-net forum) that our Institutions OPENLY disobey the Constitution and exercises powers that it does have, specially ITREB. (I once sent as letter to LIF to ask them to allow me to make submissions to them as to how the institutions disobey the Constitution and told them that or else do what MHI said: if my jamats and leaders do not abide by the Constitution, then there is no point in having one whatsoever.
Then MHI: asked for the Constitution to be distributed. And again asked. And again. It was amended slightly in 1991 before even being distributed.
Finally in 1992 the distribution started and at 1st opportunity after the distribution, MHI said SEEK accountability, answerability and competence (repeatedly). Again whereas before 1987 we are asked to OBEY the leaders, NOW (note the new Constitution re: ever murid above, it has been changed from obedience to seeking accountability, answerability and competence. What a HUGE change which is what MHI says in His 1987 November farman.
But who knows of the farman. Not the leaders. They would love that Farman to be buried and discarded. Hardly any leaders have read, or even understood that farman and the VEERY important changes brought by the new Constitution and the farmans related to the Constitution.
Is it any wonder that they are going all out against me and Nagib to STOP the distribution of the farmans. GE London farman was changed about MHI talking of leaders. This litigation has to nothing to do with the Imam but all to do to maintain the power AGAINST the Imam's own farmans and wishes.
And Nagib and his umedwaars at ENORMOUS personal cost go out of their way to bring the Noor (Imam's farmans) in their original form and making sure that no farmans are "hidden" or lost without us knowing of them.
My hat off to them. They have endured a lot pain, humiliation, and suffering in collecting these farmans. I really owe to them a LOT for their sacrifices bring me closer to my lord of the time and age.