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
Safik Sachedina said that ...did he actually said this or ....?
Dear Integrity and All - Ya Ali Madad - I refer to your comment , dated 16 aug 2012 , ......in which you write , that , .... Safik Sachedina said , that , .........Hazar Imam personally appointed lawyer in France , who then appointed Gray ,........ Safik Sachedina said that he did not know either of them and has not even met them before ! .....so the questions arises to me , that ,......... he means to say that he is totally innocent in the said case matter , filed in the name of MHI , so does he mean to say and further says any where , that , he ( SS ) very much - repeatedly tried , to convince and request , MHI , that , please , do not to file , any such case , against Nagib and Alnaz , as , they are your own spiritual children - your own murids , like others , ....they are not the only your murids , who have for the first time , tried to convey your farmans to jamats , .....but since long past , for so many years , so many your other spiritual children - murids , also have been doing the same things , and , in different ways ,....... so NT and AJ are doing such an act , as wished by ,Yourself , and , in accordance with your farmans only ,....... they are doing this work of giving - providing your farmans to jamats , which , we actually we also had to provide , but , because , we did not provide , and , so , jamats were also , so much hungry of this - such spiritual food , that , on receiving such precious food , after a long time , through them , jamats on receiving such farmans , were also showering compliments to them .....so, what is wrong , that , they are doing ? , why are You after them ? ......and , instead of awarding or rewarding them , why are You filing such case against them ?...... but , MHI did not hear his any submission - did not consider his any request , and , did not stop filing the case against them , and , did not inform him ( SS ) even , and , directly appointed lawyer and directly prepared whole detailed case notes , set meetings and discussed detailed case matter , with His Lawyers , gave necessary instructions Himself to lawyers and went Himself , with Mr.Gray , His Advocate , and travelled so long from Aiglemont to Canada , leaving all other His Important Works for Jamats and Others , and , appeared before Hon. Court in Canada , and , filed the case , and , all these happened suddenly , in hours only , and without his any Personal Knowledge and the case got filed , in presence of MHI only and his ( SS ) only !......and , not only , that , he means to say as above only , but , says , then after also , that , after filing of the case , by MHI himself only , he ( SS ) tried , his best , for so many times , through himself and through other so many International Leaders also , like LIF etc . , to convince MHI , to get the case , withdrawn , but , It was MHI only , Who was too firm , on His Decision , to continue the case , against NT and AJ , as long as possible !.....and he was never prepared , to visit Hon Court for a single time even , and , for such a case , but , MHI , had confidentially threatened him , that , if he did not visit Hon. Court , for this case , all the times , and , if did not take , this much interest , in the case , for this purpose , then , I will push you , out of my office , so , what else could i do ? ......so , against my willingness - my own nature , i had to do , all these things , which is all - in front of you all !..........i will welcome , if any of readers reflect on ........ya ali madad ....!