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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

What Interpretations of This - Such Farman ?!

Dear Bloglaw , Ya Ali Madad ,
i refer to your comment dated ..16 october 2012 ,
Hazar Imam says the
On October 16th, 2012 Bloglaw (not verified) says:
Hazar Imam says the following , what does that mean?
"And it is important, I think, today, that My Jamat worldwide, not just here in Tanzania, My Jamat worldwide, should reaffirm the traditions that we have, the rectitude and correctitude of our interpretation of Islam, of the role, within Shia Islam, of the intellect, of the human intellect, so that the young, the less young, the old, all of you, wherever you are, are ambassadors of Islam - the Islam that we believe in, that we practise, and that guides us in our lives. So I say to you today, whether you are in Tanzania or whether you are in any other part of the world, stand up, do not run away. Speak openly and frankly about what is our interpretation of Islam." -- Farman made by Mowlana Hazar Imam, Dar es Salaam, Tanzania, Saturday, 17th July 2002

Has this Farman not just superceeded a lot of Section 14.1.c of the constitution (if we want to take the silly interpretation the councils give) as MHI has frankly ordered us all to talk about and explain our tariquah ?
reply

First ,...Thousands of Thanks of You , as well as , Admin - Umed , for putting such Great Message of MHI to Each Ismaili , that also from Tanzania ,
ISMS said , there can be thousands of interpretations of our farmans ,
now , i understand , why IMAM said so ? ,
Real Interpretation of this Farman , as per me , is under preparation , with me , ...till then ,
At the moment , i have selected , only one sentence , of the said farman ,
As per the say of MHI ,
Each Ismaili is Ambassador of Islam ,
so , as per me , from what i observe , the interpretations could be , that ,
( 1 ) But during this farman , MHI , has not taken my name , in particular , ....so......i think .....this farman , individually / personally , does not look applicable to me ! ,...might be , ..for other Ismailis , who can follow !
( 2 ) There are Lakhs / Crores , of Ismailis , throughout the world .. so...if , i alone do not follow this farman , even then , .....I will not forget my duty , as an Ismaili , to advise others , to follow this farman , ..and , while doing so , ...it doesn't mean , that , it is necessary for me to follow ....and , if , I don't follow such farmans , ..then , what will it make the difference , in Ultimate Situations , which , MHI is Expecting from All Ismailis ?
( 3 ) Should i not complete my daily regular sleep first ? ,...i need daily sleep , at least , 10 hours Physically and 24 hours Spiritually , and , then , why should i , make any cut in it ?
( 4 ) I am not aware , what are the Duties of an Ambassador of Islam ? .... so ....how can i do it ? how can i justify it ? , and , in absence of any such knowledge , i should not damage my community , ....i am always very much worried about my community !
( 5 ) And , still , suppose , ..in spite of my unwillingness to accept any such offer , to become an Ambassador ,.... just to respect the words of MHI , ...if , i accept the offer , to become an ambassador ,...then , for which country or area of the world , shall i be appointed as an ambassador ? , and , ...what annual renumeration , and , other facilities / benefits , ....like , Bunglow , Motor , Staff etc , will be provided to me ? , .....and , shall i enjoy my physical - worldly life with my family - relatives , as our Leaders , in /at Aiglemont , or , others like them , who enjoy , any where / every where , of their posts and positions ?, ....sponsered by SS /MM / MK , ....and , shall i be given respect and salutes by jamats , wherever i go in jamats ? , ..and , shall i be invited , as chief guest , and / or , preside over and give speeches in Jamati functions every where ? , and , in addition , will , my loss in business of every year , be fullfilled from Jamati Funds , as done , directly or indirectly , in the events of our Leaders ? .....at present , no doubt , my capacity is not for two wheeler even , but , afterwards , could i travel , everywhere , wherever i want , in flights only , and , from Jamati Funds only , for my personal works also , which , to be said and paid , in the name of Jamati works only ?
( 6 )...I and ambassador ?!,...na.. baba ..na ...what are you joking for me ? .....what is this all ? , ...and for what ? ...and , what Hazar Imam means to say ? ,....I can't understand , and , i don't want to understand , ..Hazar Imam always tells Leaders only , to do some thing - everything , for Jamats , ...why now here , HE tells me - us - jamats , to do duty as ambassador ?... are there now no Leaders ? , or , pushed out ,or, have become of NO USE , in the eyes of IMAM ? ..and ....i am not on any post also , so how can i do anything ? ,....MHI should Re - Think , on such issues ,..how HE tells us , to do such - so many things , which will be very much difficult also to do ?...let me complain , ...for my Rights only....please , request MHI , not to ask me , at least , ..for my Duties , as an Ismaili , ..and that also , ..as an Ambassador ?...baap re baap , i don't want such a Big Post , ..i am better , where i am ,...i am a small man , i don't deserve also , for such Big Post , ...let it go to some others ....i am ready to sacrifice this post for our else brothers ..after all they are our brothers ..let them have some benefits !....I want to set an example , that , i am not hungry of posts ...see , in other community , no body is asking , to do such duties ! , so why in our community ?
( 7 ) Is it not enough , that , i have taken Birth , as an Ismaili ? , and , now further , that , i have to do my duties and work also , as an Ismaili Ambassador ? , ..then , what is the benefit of taking birth as an Ismaili ? ,
( 8 ) if i accept , to become an ambassador of Islam , as per say of MHI , then , shall I have to start going JK , and , practice the Faith and Ethics of our Tariqah ? ,
( 9 ) If , i accept this offer , then , will I , be having this Title of Ambassador only , in our community na ? , and , no Responsibility at all to Imam and Jamats na ? ,...then only , i may be ready , to accept such offer ! ,
( 10 ) you try to understand my Majboori , and , try to undestand the Majboori of others like me ,...i am not afraid of MHI , .....but , i am afraid of SS - MK - MM etc ,... and , that is why , i can not give my identity , nor , i can put my full name or put my e mail id , in response of , repeated requests , by others , to create an International Ismaili Forum , and , to Fight for Rjght , ....what fight and what right ? , ...it is MHI only , who gives us RIGHTS , but , what about WRONGS , in between IMAM and JAMATS ?...we are Ismailis , and Ismailis , as should be in terms of SS/ MK / MM ...we don't want Rights ,...we have to live , where we live , ..we are not Nagibs and Al Nazs , who follow Farmans , and , then , Face Results of Following Farmans...we are from those Greats , who can just prefer to die even , in the name of so said discipline , imposed by So Said Leaders (SS ....Sad Sad ) ...and , ..what post i will get ? , if , i follow such farman ? , and , if , OH MY GOD , who is Responsible for Hiding Farmans etc , from Jamats world wide , comes to know , that , i am following farmans , then , will you come , to save me , from his /her Punishments ? ,... he / she is capable enough to file cases , by arranging fraud signatures ,...don't you know ? , ...haven't you seen - experienced ? ,.. and fees / expenses , also to be paid from my / your / our pockets only , i.e. Jamati Funds only ,.... Double Benefit !.... half paid and half in pocket , and , shown as Full Paid , ...isn't it a good business , and , what a good business ?! ,...just trying breaking the teeth of Some Ismailis ,...so that , those , and , other Ismailis could not dare to laugh in any future , and , in doing so , also getting , Thousands of Dollars , (like a great combination of PHD + DOCTOR = Doctorate in Fraud + Doctor - Dentist of Animals ?! ) ,
( 11 ) You don't know , that , I am a ...Pakka Ismaili ,...and , any time - all the time , I am ready to do , any thing - every thing , ....to give any sacrifice ,... Ready to Die even , for Imam and Jamats , but i dont get any such chance ....as , the only problem with me is...that , i can not cut off , a few minutes only , of my physical , and / or , spiritual sleep ! , .. any thing else , you can ask me ? ....O. K. ?!....thank you , good bye , see you next time ..!... oh ....is it to be 7 pm ...sorry ...it's too late now , what is this time now for ?!.....my family must be waiting , out side multi plex , yaar ,
...i never prefer to go in late night show , ...i prefer to sleep daily at 10 pm - up to 8 am only.....as it is farman of ISMS , also...that ..... Raatna Jaldi Sui Jaav .....further ...i don't remember ...so , is this not enough to show , that , i am living my life , like an ambassador only ?! ...what else you expect from me , as an Ismaili ?...after all , i am an Ismaili , and , Ismaili as expected by Aiglemontian Leaders !... do you understand what i mean to say or not ?!.....ya ali madad .....!


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