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 |
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Comments
Iman or Position
Leaders will be meeting Hazar Imam over the next 2 months regarding their End of Term Report for the Jamat and the new appointment recommendations. They will meet Sachedina, Datoo and Group first. Then Sachedina is present and listens to what they say. They are not supposed to break rank and say anything not pre-
There is section in which they are to say what specific Guidance they need from Imam. Will any Leaders usually President, Chair of ITREB and Chair of GRB, break rank and speak the truth and ask any of the following, plus what Sachedina and you agree to put down in that section.
1 How do you wish us to disseminate your Farmans and guidance in light of the Lawsuit
1a Are we as Leaders answerable and accountable to the Jamat or only to ourselves or to Imam of the time.
2 Should we give copies of all Farmans to every Murid who asks for them or to all even in remote locations.?
3 Should we give institutional and AKDN reports to the Jamat too.
4 Did imam file the lawsuit against Nagib and Alnaz?
5 What Farman and directions did Imam give on 15 Oct 2010 regarding all the books to be retained by murids ?There is confusion between what Sachedina and Manji are saying and what Nagib and Alnaz are saying
6 Does Shafik Sachedina have delegated authority under which he is instructing Mr Gray in the name of Hazar Imam?
7 Did Imam after 15th Oct 2010, authorise Gray or Sachefina to claim costs and ask for names of all those to whom books were sold?
8 did Imam authorise the claim to continue against Alnaz after 15 Oct
9 in April Imam gave permission to Mohib to publish all Imams speeches writings and interviews
10 Imam has approved the publication of book of Farmans in LIF announcement. If that is correct and copyright is admitted by Nagib, then should the case continue against him.
11 Imam has not fired Sachedina which he is using as basis not to stop this case. Do we as leaders have authority to question him institutionally and vote him out of our institutions? We do not have a full set of the constitution including all related rules and all Farmans? We are sorry we signed our oath not realising this because we thought the constitution was limited to that which was shown to us and we were not clear about autonomy, answerability and accountability? It was because of the Lawsuit that thorough the case and many murids giving feedback that we have realised. We are sorry.
12 There are 3 cases filed in India because the Jamat don't get Farmans Ginans information and support they need and their needs and concerns are not shared and addressed by the Leaders.
If any leaders is unclear then these should be added in that box and also on the day if Shafik Sachedina and group you meet before you meet Hazar Imam, and these are not in the box then hand your list of guidance as you meet Hazar Imam, and hand copies to all present You will know the truth and you will have spoken the truth from your heart. The Baraka peace and blessings you get are worth more, in this and in the afterlife too.
Will any leaders do this when they are in front of Hazard Imam? Remember that SS and co will then marginalise you and your position, and more important Imam may say have you , have you discussed this amongst yourselves to resolve this between yourselves, and may say, May I suggest you go and discuss this and let us meet tomorrow, and may even ask, What do you suggest to you and to Sachedina who will be present too! Remember Imam will agree to your suggestion if you all speak with one voice, but you must believe that what you say is the truth and in the best interest of the Jamat, first, foremost and last – Remember the question Imam has asked you to ask every morning and every evening !
Will you choose Imam and Iman or will you choose your position and material benefits. Make sure you have read the constitution and Farmans including what is in the last 4 EOTR, s (12 years)