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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

.....IIS - On It's Way To.......!

Dear all - Ya Ali Madad , ......Once , in a meeting , with Mukhisaeb , at my Manikur - Vasai Road - JK in Mumbai , i had asked , who told you to cut timing in Ginan , Farman , JK time etc ,
.....his clear reply was ITREB ( means ITREB India ) ,
.....so during my /my client's meeting with ITREB officials , i had asked , why have you given , such instructions of cut - time , in Ginans , Farmans , JK time etc ? ,
......they also , clearly denied , that , we have not given any such instructions ,
.....so , i said , your name is given for , but , they said ,
.....no , we have not said ,
......now , when in All JK in India , such Instruction is followed , then , who gave it ?
......it is but natural , and , easy to understand , who gave such instructions ?
......one should accept , that , yes , we have given such instructions , and , for this reason , but , in accepting also , there . is one difficulty ,
......if they accept , then , they have to face , bad - high concequences , from Jamats
.....so , they do it , but . do not accept it ,
......there is a saying in Gujrati - PAADVANI PAHOCH NAHI , ANE , TOP KHANA MA NAAM LAKHAVE ,
....... means , no capacity at all , to handle with circumstances - situations , and , yes , register my name first in the list , ........this is not the position , in India only , it is every where , from local to international level , up to Our Managers at Aiglemont itself even ,
.....they do , but , do not accept ,
......then why do you do such things ? ,
........and , when , it is with clear visioning to see , that , you do it , and , when , you do it , then , why do you not accept it ? .....just , to Fix the Position or to be promoted only ?,
...... it has become like a tradition ,
.......that , damage jamats - jamats interests , and , then , do not accept responsibility / do not relpy , and , fix your position and / or get promoted ! ,
.......why , so much Love for Position ? , and , not for Jamats and Imam , at all ?
.......narak - jahannam , also will not accept you !.....same is the position , with Removal of Ginans , Farmans , etc , . . .......Removal is there , but , no body is ready , to accet responsibility , that , yes , i / we have done it - removed them , from jks - jamats ,
......i , so , gave , an open challenge , from this Platform , before few days , that , .......Potani Maa Nu Dudh Pidhu Hoy To ,.... come forward , and , say , that , yes , i / we , have done it - removed them ,
......but , no body , up till now , has / have come forward
......so , what to understand ? , they , i.e. Ginans , Farmans ,
......got removed , themselves only ?.
......they know , that , removal is a wrong step , but , removed , because , they are not in position , to reply , to exlain , . . on any question - query, as and when , raised , by jamats / jamati members , that , what is the , meaning of this / that Ginan , Farman ? , then , they can't reply ,
.......they have no study of meaning of ginans , farmans ,
.......they call themselves , Great Scholars , Graduate - Phd , from , This and That University , Scholar from IIS ,
......they might have , knowledge of the whole world books , but , no real knowledge of our own tariqah at all ,
they must do - pass first , Primary of - in jamats - school of jamats , which is never done ! .......do they attend JKs ?, or are they following fashion only , of not attending JKs ?,
......so they thought , better to remove , ginans , farmans etc ,than , to answer or explain on ginans , farmans etc ,
......there is another saying in Gujrati , .......BHANYA PAN , GANYA NAHI ,.... means .....studied lot , but no practicalality , .......if this is the position of - in IIS scholars , then to whom and what to complain , and for what ? .....AZAZIL had studied , 36 crore books , but , could not understand , real meaning of religious ethics , it is in Ginan itself , ...36 Crore Kitaba Padhiya , Pan Bhitar Bhed Na Paya , Azazil Farman Na Manya , So Lekha Radaj Kiya ,
....all he studied was cancelled ,
......so , in absence / removing of , Real Interpretation of Ginans , Farmans and Kuran - e - Sharif , in / within / from Jamats , .......what is the use and meaning of study of world books , in IIS ,
.......what knowledge they will give to Jamats , on Our Own Tariqah - ethics of Tariqah , when , they themselves , are not having in themselves ,
.......first of all , give back to Jamats , these three things ,...... it is the Base / Foundation of Our Tariqah , ...... without Foundation , if you try , to build a Premices of Knowldge , how could it be built ?
........it will get down soon , and , time , money , energy of Imam and Jamats , in Waste Only ,
........may be you a Graduate / PhD or more than that , may have final degree , but , situation like Azazil only , .......needle is , on Gound only , and , you are searching ( research ) , in this and those ponds around ground ,
........how will you get it . find it ? ,
..... a small story , aplicable to you ,
.........a SHASTRIJI ( Great Religious Scholar ) , and , a NAVIK ( driver of a small - hand driven boat - hodi ) , started a drive in sea , .....went far away , in deep in sea , talking - enjoying on , religious subjects and studies , .....shastriji talked on this and that knowledges , and , slowly asked navik , what you have studied on religions and in which university ?, .......navik simply said , No Study in University ,
......shastriji said , then , half your life gone into water ( in waste only - of no use ) ,
........further gone on different religious discuussions ,
........suddenly , when they were in too away deep in sea ,
......storm started ,
.......navik asked to shastriji , do you know swimming ?,
.......shastriji said 'no' ,
........so navik said to shastriji ,
.......if you dont know swimming , then your full life now will go in water ,
......can i hope to reflect on ......ya ali madad ......!


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