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
Clarification
I shared 2 video clips of our National Anthem and homage to Hazar Imam on 11 July 2007. Ayaz Somani without any contact with me filed a complaint directly with you tube claiming that Islamic Publication Limited had ownership and I was infringing their copyright, and that Ayaz wasrepresenting them.
The directors of IPL are Shafik Sachedina, Z Meghji and N Kheraj. I wrote and asked them to explain and to discuss this with me. I copied my letter to all the Leaders involved. They refused any discussion or dialogue. . They still have not. I sent them a copy of my draft my counter notice. (below). They still refused to have any dialogue. This is similar and a repeat of not having a dialogue and discussions with Nagib and Alnaz.
Therefore I filed my counter notice. The video clips cannot be stopped by IPL, unless IPL files a lawsuit against me, proves, and wins. Shafik Sachedina in error sent me copies of his & related emails to the various individuals and the lawyers of what they were planning, including re: IPL and asking Faridun to issue a letter, to IPL to say that IPL are owners of the video/clips.(Faridun Hemani and his company are used by the Jamat's institutions to record and edit many videos/films on behalf of the Jamat.)
Shafik Sachedina with E Rupani, on behalf of IPL instructed lawyers in UK, who include H Motani & H C Carnegie. We know Mr Carnegie has been involved with the lawsuit against Nagib and Alnaz and attended an hearing. Shafik told me It was Mr Carnegie who first instructed Brain Gray & his firm.
COPY OF MY LETTER TO AYAZ SOMANI - EDITTOR OF THEISMAILI.ORG, AND TO IPL
Sent: 16 August 2014 19:01
Subject: Claim that the Video clip containing offerings and pledges to Hazar Imam by every Murid, belongs not to the Murids or to the Murshid, but to a company - Islamic Publications Limited. the Directors are Shafik Sachedina with others
Dear Ayaz,
Ya Ali Madad;
I understand you are claiming that Islamic Publications Limited (IPL), owns this video clip, which contains pledges and offerings given to Hazar Imam, by, and for and on behalf of every member of the Jamat (Murids).
Re : Video title: Promises & pledges by Leaders to Imam-e-Zaman
: By Islamic Publications Limited Representative Mr Ayaz Somani Claimant email editor@theismaili.org
I will apply for a retraction on mainly the following grounds. Can you please let me have a response by return, and also a copy of your instructions and or authorization from IPL. Please let me know your official position with IPL, and please pass a copy of this to the IPL Directors & company Secretary.
Retraction.
1 This video contains offerings including pledges made for and on behalf of members of the Ismaili community.
a. These offerings & pledges were not made to, by, or for or on behalf of Ismaili Publications Limited (IPL).
b. These offerings & pledges were made in a religious context, and were given on behalf of members of the Ismaili Muslim community to His Highness the Aga Khan “as Imam” of Ismaili Muslims.
c. This video contains personal religious offerings of pledges & allegiance to His Highness the Aga Khan as “the Imam” by every member of the Ismaili community (Murids). His Highness accepted these personal and collective offerings and the scroll which was presented to the Imam on behalf of all members of the community world wide.
i. This content of this video was an individual and a very personal special religious offering to His Highness as Imam, by every member of the Ismaili community worldwide.
a. The speaker (communicator), was tasked and admits he made these offerings on behalf of every member of the community.
d. The pledges (personal offerings), made cannot therefore be the subject of copyright, and belong to any other party or parties, and or by IPL
e. This video with pledges and offerings were not intended, or made in a commercial context or any commercial interest.
2 The pledges and the offering in this video were made publicly, and;
a. broadcasted to members of the Ismaili community, worldwide (including a live broadcast ).
3 The pledges and offerings in this video were not only made on behalf of the members of the community,
a. They were also made as “individual” pledges by individual members of the community, and
b. These were for the religious benefit and consumption of all members of the Ismaili Muslim community.
c. In giving these pledges and offerings, AL is using “we” which refers to members of the Ismaili Muslim community, collectively, and as well as, individually.
4 I believe this video is the property of H.H. Prince Karim Aga Khan, as the Imam of the Shia Imami Ismaili Muslim community (Ismaili Muslims), and, it is therefore also communal property, beneficially for, and of every member of the Ismaili Muslim community.
a. His Highness the Aga Khan is also referred to by members of the Ismaili community as
i. Imam-e-Zaman (Imam of the Time).
ii. Khudawin (Khudawand) , (used in this Video by AL)
b. Any claim for copyright of this video which contains offerings and pledges to His Highness by the community, can only be made, if at all, then such a claim can only be made by;
i. His Highness Prince Karim Aga Khan, as our Imam, or
ii. A member of the community against those who are not members of the community.
5 This video contains pledges which were communicated by AL as a trustee, and, for and on behalf of members of the Ismaili community.
a. AL and I, are both members of the Ismaili community.
b. The directors of IPL are also members of the Ismaili community.
c. Every member of the Ismaili community is equal
i. under the Ismaili constitution and
ii. According to our Imam (His Highness Prince Karim the Aga Khan).
d. In the same way as AL, SS, NK, and ZM,
i. I am also entitled to, and to share this video as a member of the Ismaili community, and
ii. we are also entitled under the Ismaili constitution.
6 This video (incl. pledges), are a part of a significant religious event & ceremony of, and for the Ismaili Muslim community.
a. This religious, event and related ceremonies, were held on 11 July 2007, at the official residence of H.H. the Aga Khan at Aiglemont, in France.
b. This event marked the beginning of the celebrations by the Ismaili community of the Golden Jubilee of His Highness the Aga Khan as Imam of the Shia Ismaili Muslim community, for 50 years.
c. The Golden Jubilee was celebrated by the Ismaili community from 11 July 2007 to 13 December 2008.
7 I have not received any evidence of ownership from IPL, or that this video belongs beneficially to IPL.
a. The Directors of IPL know me, and have my contact details
b. The directors of IPL I believe are
i. Mr Shafik Sachedina, (SS)
ii. Mr Naguib Kheraj (NK), and
iii. Mr Zauhar Meghji. (ZM)
a. SS, NK and ZM are members of the Ismaili Muslim community like me.
c. None of the directors of IPL have contacted me regarding this matter.
d. The Directors of IPL have a duty and an obligation to contact me, under the Ismaili constitution,
i. and or under the pronouncements, directions, orders or rulings made or given by His Highness the Aga Khan ( These are referred to as Farmans by His Highness under the the Ismaili constitution. The Ismaili constitution itself is therefore a Farman).
ii. In this respect, SS, AM, and NK, have not respected the Ismaili constitution & the Farmans of His Highness the Aga Khan.
8 Additionally, and in any event,
a. IPL is a trustee for, and or, is one of the Ismaili community’s constitutional companies which is beneficially owned by, and or is beneficially for and held on behalf of all members of the Ismaili community, individually and collectively.
b. Therefore this video (speech), & contents belong beneficially to members of the Ismaili community, who are therefore entitled to have, use, and to share this video and speech.
c. I acknowledge and accept unreservedly, that H.H. Prince Karim Aga Khan,
i. is our Imam (Imam e Zaman), &
ii. has full, absolute and unfettered authority and prerogative, regarding inter alia,
a. this video (pledges), &
b. the Ismaili constitution.
9 Under the Ismaili constitution, the Ismaili community’s constitutional companies and community property are entrusted constitutionally for the benefit of and for, and on behalf of members of the Ismaili community.
a. They therefore belong beneficially to, and, for the benefit of members of the Ismaili community.
b. Those includes this video and the pledges in the video given by members of the Ismaili community.
10 The video contains pledges and allegiances, which were relayed to His Highness the Aga Khan, by AL for and on behalf of members of the Ismaili community
11 I have not been informed that His Highness has been consulted and or that His Highness does not wish the pledges in this video to be shared by members of his community who made the the pledges to His Highness the Aga Khan as our Imam.
12 The address (Farman), by His Highness the Aga Khan to members of the community, following the pledges, during this religious community event were also made to, For, and for the benefit of members of the Ismaili community.
13 This community event including the contents in this video, were broadcasted and also watched live by members of the Ismaili community worldwide.
14 AL the speaker in this video was acting purely as a trustee and or an agent. He was tasked specifically by the community to communicate to His Highness the Aga Khan, what members of the Ismaili community, entrusted him to communicate, in a religious context at this religious occasion and or ceremony.
a. AL, like me, is a member of the Ismaili community and gave these pledges individually, for every member of the community, including me and himself.
b. He was therefore acting on behalf of every member of the Ismaili community individually and collectively
c. AL knows me but has also not contacted me regarding this matter over the last 4 years.
d. For over 4 years, I have shared and discussed the text of the Pledges in this video, and the event with, and with the full knowledge of Al and IPL directors.
i. They have not claimed copyright of the “text” in this video.
ii. These pledges are shared, and continue to be shared by members of the community.
iii. AL, and IPL directors are aware I have previously shared the contents of this video with them , and members of the community in the past.
15 As a member of the Ismaili Muslim community, I am therefore entitled to have, and share a copy of this Video containing the pledges made on my behalf.
a. I am also entitled to do so, under the Ismaili constitution.
b. Sharing this Video pledges, speech, the religious event, including the Farman by the Imam, is and are also
i. in the interest of our community,
ii. in the public interest, and
iii. in imparting an understanding of our Ismaili Muslim faith and practices which we are required to do under our constitution, and .
iv. In accordance with the wishes communicated by the Imam
16 In using this video, I do not have and have not had any commercial intention, interest or benefit.
17 This video (speech), was a part of one of the most significant and historic religious occasion & ceremony for every Ismaili Muslims world wide.
a. The pledges and allegiance given in this video were made specifically, for and on behalf of each member of the Ismaili community, individually as well as collectively
b. Sharing this video, which is an integral part of the record of this important historic religious event with our familes and friends is incumbent on all Ismaili Muslims.
c. H.H. the Aga khan has said in Farmans, and encourages every Ismaili Muslims to, inter alia,
i. Demystify the Ismaili Muslim faith & practices, by sharing, explaining, teaching & imparting an understanding of the Ismaili faith and practices.
a. I am doing so in accordance with the wishes of our Imam, with no commercial interest.
18 In this video (speech), AL, the speaker, is relaying information (pledges), to His Highness the Aga Khan, entrusted to him , and on behalf of members of the Ismaili community.
a. AL is doing so as trustee, and for and on behalf of every member of the Ismaili community.
b. The speech & pledges communicated by AL in this video can therefore only belong to each and every member of the community.
19 IPL is an Ismaili constitutional company for the primary benefit of all and every members of the Ismaili community and
a. Therefore IPL belongs beneficially to the members of the Ismaili community. IPL is one of the constitutional companies of members of the Ismaili Muslim community.
b. IPL are commercial printers who print books mainly for another Ismaili constitutional company or companies.
i. IPL does not have a religious mandate or religious mandates under the Ismaili constitution.
ii. This video, pledges, and the event was a religious event for members of the Ismaili muslims community
a. The Pledges by AL were religious, and were made at a religious ceremony and occasion .
20 I have not received any notification or evidence from IPL, that IPL owns the copyright of this video.
a. I have not received any communication from the Directors of IPL, regarding this video (speech).
i. Nor from any of the other Ismaili constitutional bodies & or members of their Boards.
21 I as a member of the community am also an interested scholar. The directors of IPL are fully aware.
a. This video (speech), and the overall event which includes an address & guidance (Farman), by His Highness the Aga Khan, are collectively used by me and members of the Ismaili community for research, education, & training. There is no commercial intention or interest
i. I and members of the community do so in accordance with the wishes of H.H. the Aga Khan in imparting an understanding of our faith to members of our community and others.
a. H.H. the Aga Khan has also said and encourages members of the community to impart an understanding of the Shia Imami Ismaili Muslims faith and practices, within the broader context of faiths and the faith of Islam as a whole, with a view, also, to enabling an articulation of the principles and practices of the Ismaili Muslim faith.
In view of the above, I am applying for a retraction.
In accordance with our Ismaili constitution and Farmans, it us to make every effort possible to meet & resolve matters between ourselves,
• I have sent a copy of the above to IPL and also asked for proof, evidence, clarification & related information. and
• I have copied this to the President of our UK Ismaili Muslim Council and relevant Boards, members, including AL.
I look forward to hearing from you
With Kind regards
Mahebub Chatur
PS I will be writing to you separately regarding “the Ismaili Anthem & its meaning”