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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

@ Yasmin Canada - to her comment dated 8 sept 2012

Dear Yasmin and All - Ya Ali Madad ,
.......i refer to your comment / reply , to my comment dated 8 sept 2012 ,
and , just try to satisfy you , that ,
i was and i am of the crystal clear opinion , that ,
while writing here post , Identity of Writer is Must ,
...... sometimes , writing - reading posts here , repeating - reading , posts of past also ,
I get very much confused , in my mind , that , after all , what are we all , up to ? ,
...... I , then ask myself also , so many times , that , actually , what I / We are all , interested in , by writing any / such
post/s here ?
.......questions in common are , including my self , with those , who are coming / not coming here , with his/her real
identity , ....in this section ,
........no doubt , an option is given , to write post , in any name , writer's real name or some other name ,
and it should be , just to encourage jamati members , to write , something useful to community , at any level , .......so that , people start writing their views , and , community may benefit from those views ,
.......but at the same time , Admin has not prohibited to come with real identity ,
......so from two options , one who can come with real identity , should come with real identity , and , if could not come ,
with having some reason/s (unknown to us ) , should not come with real identity ,
......but , it will be better , if those all , who do not come with real - full real identity , may , at least , put here the
reason/s , of course , no problem , with the name , he /she , uses on post ,
as to , why he / she , is not coming with real full identity ? ,
just to clear the doubt , created in the minds of readers - e. g. like you ,
.......Dear Umed , who also has his comments , could come without real identity , but , he comes with his real identity , .......he , as and when required , dares to criticise any writer , including me and some others ,
but , no problem to him is created ,
. .....reasons possible , in coming / not coming with real identity , may be
......1. Am I doing – writing post here , just to pass my time , as if I am free of time ? .
.......2 . do i do , for the creation of a ‘ TAMASHA ’ in / before our community ? , is our community , which is living
happily , every where , peace fully - happily ,?! .......and i am trying to disturb it ?
.......3. do I do this for the entertainment of readers, jamats ? ,
.......4. do I want to take revenge with those , who don’t consider me , my capability and do not respect my existence –
my presence , around them , or , tries to avoid me ? ,
5. Do I want , some leader / s , to compel to leave up his / her post / designation /s , where he / she is ? ,
...... 6. Do I want , indirectly , to create FIRE – AAG , in our community - community administration /s , any /every where ? ,
7.do i want , just to draw , the attention of others / leaders , to me ? ,
8. do I want , to do , something /s , which , can ultimately bring improvement/s , in the minds of leaders , so , then
to bring , improvement /s , in our community ? ,
9. do I want , to change , the person/s on post/s , or , I want to change the system - bring necessary improvement
/s , in system existing , which concerned - responsible leader/s are not aware of ? ,
10.do i write post , keeping in mind , prejudice - jealousy , with some writer/s - leader/s ?
11. do i write , to impress others - writers - leaders ? ,
12. am i afraid of any leader/s , reader/s , in clearing my identity ?
13. Am i afraid , if , i write post here , i will be considered and declared , by our leader/s , as , enemy of jamats and
imam ?
am i also afraid , that , if , i write post here , then , i or my any family member/s , will not / never , be appointed , on
any post , any where , in jamati position/s ?,
14.am i afraid of a possibility , that , if , i do not succeed here , with my aim , whatever aim may be there , then , no
problem , in escaping on failure ,
and , if i am criticized , then , no my real name is defamed in our community ? ,
15. if , i succeed, in my aim , whatever aim may be , if , i am welcome and given credit by others - readers -
particularly Ismailis , then , i can come out , with my Real Identity , and , claim , that , yes , i have done all these ,
so i deserve to be leader now ?!.
16. of my some reason /s , which i don't want to disclose , i do create - spread Fitna/s , in / amongst , our
community people ..
17. writing comment , in other name , is a part of my strategy , in fighting against some leaders.....
18. when i blame leaders , then , do i blame all leaders , or , those only , who are not working as per guidance/s of
MHI ?
19. when i blame leaders - others , then , am i ready to see , my faults also , and , try to correct myself also ?
20. the work/s , i am doing , will , please or not please , MHI ?
....while , i started writing comments here, in the begin period itself , i had cleared my stand , where in , i had written
clearly , that , everybody writing here their post, , particularly Ismailis , should come forward here , with his/her name , possibly full name , with clear identity of the writer/s , so that , no confusion about the intention /s , of the writer ,
may get created in the minds of the readers , Ismaiis , I didn’t and I don’t doubt , the honesty of any writer , but , if
one’s intention is , only , in the interest/s of jamat/s world wide , or , any part of it , then , there is nothing to hide ! , ......on the contrary ,.
......with identity of writer , writing - reading , post here , will become , more effective - interesting - responsible , for
himself / herself , and , for others - readers also ! , .....no offence to any body ......thank you ......ya ali madad


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