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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

Questions for S Sachedina

So, Mr Shafik Sachedina, Will you now agree that;

1 Imam does not edits farmans which he makes in English ( Imam annotates and waits for translations from English to the National Languages, not because Imam thinks in French)
2 Imam did not write and personally sign the letter dated 18th February which you sent within 10 hours (and in that style and content following your threats to Nagib on 17th Feb 2010)
3 Imam did not decided on 30th March 2010, to file the Lawsuit and personally instructed lawyers and filed the lawsuit within 2 working days.
4 Imam did not dictate or authorise the 2 LIF announcements. You and E Rupani said to Azim Lakhani and the Presidents that Hazar Imam authorised the announcements, but in fact Imam did not specifically authorise or dictate them. All of them believed you blindly as they have become accustomed to do for the last 15 plus years.
Imam did not dictate the LIF announcement on 15 April 2010 (also on a day when you were on your way to an Airport going to London, when all UK Airports were closed)
5 Imam did not tell you to tell the Leaders on 11 April 2010 in London that Imam personally filed the Lawsuit and is personally dealing with the Lawsuit and Imam wishes Leaders not to discuss this with the Jamat
6 You do not tell Leaders and the Jamat what Imam tells you to tell them. You tell them what you and others in your group want to tell them. This was the main reason why Imam said the same to 20000 murids in the London GJ. You edited that sentence out because you wanted to and not because you say Imam thinks in French.
7 There is no Farman to say Farmans must not be given to the Jamat immediately after they are made by Imams. See the 32 reasons below.

In these circumstances and with all these untruths and allegations, any honourable Leader would resign, and do the right thing. Every Leader down the line will be questioning everything you are say, and have done and said in the past. They may not speak openly but you will know and feel they are thinkng it from what they say and ask whcih they did not do before..
The following are the 32 Reasons to give Farmans and the annotations to the Jamat. Thus, Leaders and the Jamat should share them with the Jamat. Staff who work for DJI, NC AKDN, IIS, and ITREBs or those who have access to them should do the same.
1 Imam e Zaman has divine authority to continue the Tawil and Talim of the final message (Quran). The final message is for mankind and so is the continuity of Tawil and Talim of the final message. (Constitution) Imam does so through Farmans, which are defined by Hazar Imam as "Any pronouncement, direction, order or ruling made or given by Mawlana Hazar Imam.” This includes Imams letters, speeches, statements, announcements, writings, interviews, and direction. Imam would therefore never stop to guide his Murids, nor withhold guidance from his Murids.
2 Farmans were given to Murids and printed institutionally until some 25 years ago. There is no Farman to say Farmans should not be given, changed, edited or withheld from any Murids.
3 Nagib Tajdin has been publishing and giving Farmans to Murids, following a mehmani in 1992, which is known to all leaders. The reason Imam gave permission is because Imam wanted to continue his guidance and Farmans to be made available to the Jamat.
4 Institutional guidance and Farmans clearly say that leaders must share Farmans which includes directions and guidance from the Imam with the Jamat they are serving. Leaders are appointed to serve the Jamat. Leaders are more interested in serving their ego and material greed rather than the Jamat.
5 Islam and Ismailism are a way of life and encompass both the material and the spiritual. Without having Farmans at home how can we read and remember them all and make them a part of our lives. It is impossible to remember or memorise all Farmans. Imam gives Material Farmans of also the opportunities. These are not given to the Jamat. Instead these are shared by SS and co between themselves and their group
6 In London during GJ, Hazar Imam said that he gives Farmans to Leaders for the Jamat, and tells them, but the Leaders are not telling the Jamat what Imam tells them to tell the Jamat. Imam is therefore telling the Leaders and reminding them to give all Farmans to the Jamat.
7 Imam wishes all his Murids to be treated equally. Imam does not give Farmans to some but not to other murids. Therefore if some leaders and their friends can have them, then Imam also wishes all Murids to have them too. There are Farmans to this effect from Hazar Imam in the past.
8 Thousands of books and Farmans are with of some Murids over the last 18 years. Imam knows this and is happy for Murids to have and share Farmans in those books. Therefore Imam clearly wishes all his Murids to have Farmans. Leaders should give Farmans to all Murids.
9 Believers of other world religions have access to their faith books and guidance. Ismailies on the other hand do not have access to Farmans which is foundational to their faith. We cannot practice our faith without Farmans. Imam says we must understand, and practice our faith. Imam therefore wishes us to have Farmans. Imam would never wish us not to practice our faith, and live our lives according to his Farmans. And Guidance.
10 World religions give their religious books and guidance freely and openly. Ismailis have to ask and even when they do, they do not get because they are told Imam does not wish for them to have because these are sensitive. That is not true because if that was so Imam would not even give them to the Leaders either.
11 Sensitivity is an excuse created by Leaders to block from the Jamat, Imams farmans and all Institutional reports, accountability and answerability. There is more than enough information on the internet and anyone who wants Farmans can get them. During sensitive time historically over 400 years ago in our tariquah we can practice Taqiya (hiding the truth) or not telling the truth, or walking away or telling a lie. This is only necessary when dealing with unreasonable minded people, or if by doing so we are upsetting others, or creating conflict, or we will be persecuted, individually or collectively, or we are in physical danger or we are putting others in danger. This is certainly not the case today for not giving Farmans to murids or all mankind.
12 There are many other Murids and Leaders who are sharing and publishing (Electronically) and or have Farmans. Imam has not given directions or a Farman or a Talika for all Farmans held by every murid to be returned back. I f Imam did not wish Farmans to be given or shared Imam would have made a Farman and this would have been announced in all Jamat Khannas in the world even in remote locations.
13 Imam receives divinely ordained Tawil and Tanzil for all Murids and for mankind. Allah and indeed Imam does not and would never wish this necesasary continuity of the Tawil and Talim to be stopped or withheld from Murids or from mankind. Imams very purpose on earth is to impart the Tawil and Talim of the Quran. Imam has said many times that Imam has devoted his very life for the Jamat and to guide the Jamat. Farmans in and since 1967
14 Farmans from the Imam are not only for Ismailies but for anyone who is interested since the Imam is here to continue the Tawil and Talim of the final message of Allah and so the Tawil and Talim is for all mankind.
15 Those who do not deliver the Talim and Tawil which Imam entrusts them to deliver are all equally responsible in failing in their commitment, Oath , Bayah and the responsibility they have accepted and which has been entrusted to them.
16 Imam has agreed for Farmans to be printed. This was confirmed by Dr Sachedina. That means Imam wishes Murids to have Farmans. Therefore Imam wishes Murids to have Farmans. So why limit or refuse to give them while the book is being printed.
17 Imam does not edit but annotates Famans. Imam reconfirmed this on 15th Oct 2010. Imam also offered them to Murids. Imam therefore wishes Murids to have Farmans
18 Why would Imam give permission to some murids to publish Farmans or Speeches on the one hand and file a lawsuit against another who has been doing so for 18 years. Therefore Imam wishes Farmans to be published by Murids and shared by them with the Jamat and mankind
19 Ismaili history bears witness that many times our Imam has used people outside our institutions to fulfil his promise to his Murids to protect them and to guide them through his Farmans., and to continue divine Tawil and Talim of the final message. And history bears witness that many a time the institutions did not like the Imam doing this because they wanted to control the flow and content of Imam's messages to the Jamat. Imam said many Dais have given their lives protecting Farmans.
20 Hazar Imam has appointed non Ismailies who have access to Farmans and guidance. Does that not mean Hazar Imam wants his Murids to also have Farmans too ?
21 Dr Sachedina and the Leadership, have also appointed non Ismailies who have access to Farmans and guidance, but then why do they not give them to their own brothers and sisters ?
22 The lawsuit claim confirms Farmans are available (for Murids to read , study, discuss and share) in all JK's even in remote locations. This means Hazar Imam wishes all Murids to have Farmans, without limitation.
23 Dr Sachedina says Hazar Imam has approved the publication of Farmans. Therefore Imam wants Farmans to be given to Murids. Imam would not wish to hold back Farmans from his Murids while a book of Farmans is being arranged for 20 years. Imam approves and annotates his Farmans within 48 hours of being delivered. Therefore all Farmans held by leaders are for Murids and have already been approved by Hazar Imam.
24 Imams Copyright is admitted and integrity of Farmans in the books and any other publications including speeches have not been challenged in this lawsuit or ever before. Therefore Imam wishes his Farmans to be given to, and shared between his Murids.
25 On 15 Oct 2010 Imam said Imam does not edit but annotates Famans, and Imam offered them to the 2 Murids. Imam therefore wishes Murids to have Farmans
26 Imam makes Farmans for the Murids, and wishes them to read, discuss, share and follow them. This means Farmans should be given to Murids to enable them to do so.
27 On 15th October 2010 Imam agreed all Murids who have Farman books can keep them . If Imam did not want Murids to have Farmans, Imam would not have agreed for these Murids to retain the books of Farmans. This is a clear message for Leaders to given Farmans to all Murids.
28 Lawyers in the lawsuit have asked Nagib and Alnaz to give all Farmans to them. The lawyers who non Ismailies. These will also be in the public domain as a result. Therefore if they can have them, then does not Imam wish for all Murids to have them too.
29 Imam reminds us regularly to share knowledge amongst us. This includes Farmans which is not only knowledge by the tawil and talim of the Quran ( without having them even Al Waez's are restricted in sharing and explaining the Imam’s knowledge and wisdoms with the Jamat)
30 Farman 1989 " I just wanted to say that I have another engagement. Normally, I wait for the translation, I understand a little bit of Hindustani, a little bit more of Urdu, and I can generally tell whether the translation is more or less correct, or not. And that’s why I stay. In this case I will trust those who will make the translations, to make them properly. Most of you understand English in any case, so I don’t think there will be any misunderstanding this evening…" (22 March 1989)
31 Farman “It is not always easy for a murid to translate the Imams farman. We will “give you” a correct and complete translation of MY farman so that you may understand it fully as soon as that is possible, but it is important that you think about it that you understand its direction and you understand its meaning …”22 Oct 2000
32 The second LIF announcement on 15th April 2010 says Imam has approved the printing and distribution of farmans which will be with the Jamat shortly. Therefore Imam wishes all the Jamat to have, keep, share and understand all Farmans.


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