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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MHI's Farman at Tanzania....Real Message ....?!
Dear All - Ya Ali Madad , Eid e Gadir - ISMS Birth day Mubarak ,
Real Interpretation - as per me - of Farman , put by Dear Bloglaw on 16 OCT 2012 ,
... as Interpretation could not be completed , in short ,
...It demands to be done in it's own ways ,
...so , i am trying to put in paraphrase - with a request to others also , to come forward , with your Own Interpretation - as a Step of an Ambssador - because , this Farman indicates , to , Too Many Things ,
...Insha-Allah , ahead to come , in Further Comments .
..as Imam has preferred His Murids - Ismailis in General only , as Ambassador , of Islam ,
...and Not ....Not at All ... Any of ITREBS or IIS ... Not Any Else of Our Institutions , at Any Level , or , Not Any of the Leaders of Any Level - So , in whom , Imam , has trust then ?, ....Who will Explain ? ,
Para ....(1) MHI has said , Each Ismaili to be an Ambassador of Islam ,
...first we need to ask ourselves , and , get reply honestly from ourselves only , that , ..are we really an Ambassador of Islam ? , ....and , if yes , then , Mubaraki a lot ! , ..but , if not , then , what ? ....what next ?
...I reproduce , as remember , a sentence of a Poem in Gujarati , ...Hu ( means - I ) Manvi ....Manav Thau Toye Ghanu , ....which could be re-understood as ,....Hu Ismaili , Real Ismaili Thau Toye Ghanu ,...Do we Relly - Daily - as far as possible - regularly - in the morning and evening , attend JK ? ,...and , Practice Faith of Our Tariqah ? .
..Charity Begins at Home , ..an Ambassador of Islam , has to Preach Islam in Real Sense to Others , who do not know Real Islam ? , .....Real Islam comes out from Real Interpretation of Kuran - e - Sharif , ...but , are we having , Real Interpretation of Kuran e Sharif , ...so that , we could Preach , Real Interpretation to Others ? ...are We Provided with , Real Interpretation , by ITREBS or IIS ? , Who are Bound to do Real Interpretation and provide to Ismailis and Preach to Non-Ismailis ? , but , NO , ..Because , it is like a situation , as saying in Gujarati , that ,....KHATLE MOTI KHOD , .....KE PAYO J NATHI ! ,
.....a mother brought her child before sant Gyneshwar , with a request , to advise her son , to give up Gol ( in Gujarati - a kind of sweet ) , sant asked that mother , to come after two days , ...mother came after two days , ...sant advised that boy , to give up gol , and that boy gave up ,..... after a few days , mother came to sant to inform , that , my son has left gol , .....sant became happy to know , ....while departing , mother politely asked the sant , that , swamiji , why did you not advise , on first day we came , and , asked to come after two days ? , ...sant replied , when you came first day , i was habituated of eating gol , but , soon after your demand to advise such , first i gave up gol , and , so after two days , i advised your son !
...Deer , sorry ....Dear.....IISians and ITREBians , did you Receive and Understand , what MHI gave an Important Message to Jamats - Ismailis , world wide , by making this Farman ? ,
..if not , no problem ,
....Jamats - Ismailis have received and understood it ! ....because , ... to receive and understand , what Imam Means to Say ....One is required to be an Ismaili - Real Ismaili ,
....now you Understood ? ...why you could not understand ?
....Those who have no Sense - Understanding of Ismailism , are doing JOB to Teach Ismailism to Ismailis ,
....Gandi Sasre Jay Nahi ....Ne Dahi Ne Sikhaman De ,
.....next further ....as it is 3 am .....ya ali madad ....!