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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Translation to English
Translation revised in point form by Kanize with feedback from Bloglaw. Thanks to both of you
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On June 15th, 2012 Nato Mohez (not verified) says:
Dearest sisters, brothers from the Internet, Ya Ali Madat,
1 While it has been a long time since I commented, I have been following closely the progress of the lawsuit with great sadness. First of all, I would like to express my gratitude to ?? those who contribute to this page and to the admin of Heritage. This web site is a source of pride, a landmark and a quality reference point in all fields of knowledge.
2 The actions of Shafik Sachedina and his cronies are so disastrous and so damaging to the Image and standing of our community in the world. I have now reached the point where I am resenting Shafik Sachedina and his inner circle for their despotic and autocratic behaviour.
3 Had I been in their place, then after the mulakat on 15th Oct 2010, I would have met Nagib and Alnaz to reach an agreement based on what Mawla Bapa said in that Mulakat, and based on our ethics. We would have agreed to work together and would have gone to Hazar Imam together to inform Him that everything was sorted out and we are all working together as brothers. And as per His wish to meet the 2 murids again in Aiglemont a meeting would have been arranged with them in Aiglemont.
4 My deepest appreciation goes to Nagib and Alnaz for fighting this case. I realize all the personal difficulties. I am convinced that Mawla Bapa is helping them. Their fight concerns all of us and is extremely important for our community.
5 I am now convinced more than ever before, that this lawsuit has been initiated and started by Shafik Sachedina and his cronies (inner circle of friends and associates). Hazer Imam never wanted nor wished this lawsuit. I am also convinced that this suit is the tip of the iceberg it is hiding a much deeper reality and truth regarding the very serious and terrible malfunction that exists in our institutions.
6. We are today witnessing the unfolding of the despotic and autocratic excesses by our top leaders who are stifling other leaders, controlling them, including the Mukhis/Kamadyas, and hindering the proper functioning of our institutions.
7 It is our duty to expose these unworthy actions of our leaders: the generation of the 30es used to rely on the Imam to take care of everything and fix everything, however, the present youth may not accept blindly such behaviour.
8 If the top leaders are allowed to continue, they will be driving our youth and children away from our faith, and our future generation will become totally indifferent to our faith.
9 In the last 5 years, has LIF told you what has been achieved in the TKN and various Golden Jubilee objectives, how we would go about it, wow we would involve the youth? Where I live, these major concerns have totally been left aside. Our leaders are not applying the golden rules which Mowla Bapa has directed them to use of for example meritocracy, tolerance, generosity, pluralism, humility and of sharing knowledge farmans and information.
10. We have been witnessing for the last 30 years a musical chair with regards to leadership positions in all the institutions. And those who raise their head and cannot be yes men get discredited, marginalized, and in the black book of the Jamat.
11 Any letters you write to Hazar Imam or the Noorani family do not reach them and are blocked.
12. But, despite the bad actions of our leaders, we still have faith and we know that they cannot control our Faith, the link of Bayyat and Bol are strictly between us and the Imam. But what use is it to read His Farman, hear His voice, and not FEEL our faith and not LIVE our Ethics?
11 Hazer Imam reminds us to use our intellect, our minds, and for this His Farmans, speeches, and interviews of Mowlana Hazar Imam must be shared, and must be accessible. Each action, each word can then have a positive impact in the spiritual plane, and we can become “Ambassadors or Islam” and of our Shia Imami Ismaili Tariqah. We are a big, united family whose goal, indifferent of the events, successes or failures, is to reach the balance between Din and Dunya.
12. Dear leaders, you know that this balance is hard to find, and harder still to maintain. Please stop this lawsuit because you know that it is damaging to us, and Jamat around the world are very shocked, shaken and, disoriented. I request the Leaders to stop the psychological stress and legal harassment, that is being being inflicted to, Nagib and Alnaz, please!
13 Hazar Imam wishes us to live harmoniously and whenever we have any disputes to resolve it internally, and not as in this case before the public in a Canadian court.
14 May we all remain strong in our faith and Bayah as for a true momin we know that "No ocean, no desert, no mountain can separate a Murid from his/her Imam."
15 Although late, I offer my Mumbaraki on the occasion of the celebration of Yaum-e-Mowla Ali and pray we are blessed with long life, we us are guided on the path-Siratal Mustaquim , so as to celebrate the 55th Imamat Day Khoussialy! Ameen
16 My affectionate fraternal greetings and thanks to Nagib, Alnaz, Librarian-Umed, Bloglaw, Alibhai Jiwani, Kanize, yasmin, Abdullah, Mansoorali, Arif Ali Karim Abdullah, Imani, Integrity & others, with sincere regards to the Leaders that can read us.