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
@ Ninda
Very very good I think you have weak veins or your veins are in vain. well lets see which nerve I hit bad or you are afraid to look in the MIRROR. lets start with one point at a time. you wrote:
Speaking on my own behalf (I am sure sister Yasmin will give her own response too), I must ask you if you are really an Ismaili???
Now please explain WHAT IS AN ISMAILI and why you consider youself as a better ismaili then ME? The only problem with people like you in our community is instead of accepting other people view, you guys think you are the best. and when confronted hide behind the veils of of cheap and lower then low life comments, like those gays and lesbians that justifies their act as born in the wrong body. Shame on you, the first criticism, and you are lost and then you have the guts to consider yourself ABOVE THE SHARIYAT AND THE TARIQAT.
I think you among those who have the illusion of being TARIQATI by being the members of tariquah board.
Now lets address your second lower then your lower mentality question, you wrote:
How can you compare seeking our Imams help in sorting out the problems in the leadership to a genie in a bottle?
If Imam wanted to solve this copyright problem and many other cases he could have done it in a very spiritual way, Not dragging it in courts.
When we give our BAYAH to the imam and renewed it again during Golden Jubilee homage ceremony, (I dont know about you NINDA) dont you think that the IMAM during the meeting with the defendants and the leaders could have put an end to all this nonsense period. Don't you believe in HIM being the MASTER of all the Judges in this world, do you think the defendants (his Murids) would have let him down. give me a break NINDA submerge in NINDA from head to toe still have the balls to call himself NO NINDA, You are nothing but like a little boy hiding behind the paalu of your moms saree. Grow up and address issues like a man and choose a better nick or you need my help to choose one, will be more then happy to help an astray _ _ _ _ you fill in the blank.
your third question or comments:
discuss issues with brothers and sisters who are well above the levels of shariyat and tarikat for it is they only who can get my point, having mutual understanding of the true identity of our Imam and the depth of our faith
This will be determine who is who above the levels , you talk and brag about. In our Holy Dua we are mandated to PROSTRATE OR SUJDAH 6 times X 3 duas = 18 Sujdahs (no hypocratic answers) , How many times did you or do you bow in SUBMISSION to ALLAH, I mean the real submission your head actually touching the ground. and the million dollar question who is it in your minds your thougths and your hearts when you perform your SUJDAH. Only you NINDA must answer my this question, NO ONE ELSE pls. I am not like NINDA going around asking people ARE YOU ISMAILI if you are then prove it. Ifyou go back down you will find one of my post about headaches to a comments from YASMIN I think, go and read it and go deep into that post to an esoteric level and think what I am trying to say, I dont think the way you think, Maybe you are sixty fifty or seventy years old or what ever level you think you are at , if you dont understand my questions right I think you have wasted your life living in illusions or simply state of denial.
and your last comment:
Do not ever insult our Imam with your judgemental and thoughtless comments ever again!!!!
I am not a JAMATI leader who is accountable to you, secondly using the word EVER AGAIN !!!! you cannot tell me or anyone else what to do. Maybe you have the complex of being above the levels but I have read your post/s you are nothing but a fanatic piece of (you know what) who is asking not to be treated like one.
MR MODERATOR I DID NOT START THIS SO YOU WILL BE KIND ENOUGH AND GIVE ME THE RIGHT TO A FAIR EXPRESSION AND ANSWER THE QUESTIONS. IF YOU EDIT A SINGLE WORD IT WILL TAKE MY POINTS IN A VERY DIFFERENT DIRECTION AND I AM KIND OF PERSON WHO SAYS "as is" WE ARE ALL GROWN UPS.
YA ALI MADAD.