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Copyright Lawsuit

What is the relationship between Defendants and Plaintiff's witnesses?

Both Sachedina and Bhaloo agree that they are in goodterms with the defendants. In the Case of Alnaz Jiwa, they don't recall ever interacting with him. In the case of Nagib Tajdin, they claim cordial, even warm relations with him, admit that he has never acted unrespectfully against either of them, and that his family was well-respected until the Announcements and the Lawsuit.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit

Why is Alnaz Jiwa included in the Lawsuit?

It turns out that Alnaz has no role in the publication and a minimal role in the distribution of the KIZ Farman book series. The reason he was included in the lawsuit seems to be due to a confusion on Mr Sachedina's part.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section

Are Farmans made Available to Non-Ismailis?

ITREB is manned 100% by ismailis who have taken the ismaili oath of office. The IIS is manned at all levels by many non-ismailis who are not bound by the constitution. Why then, are Farmans asked to be sent to IIS and not ITREB?

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section

Contradiction: Did Sachedina give Nagib's address to Michelle Parkes?

Sachedina started saying that he had nothing to do with Miss Parkes' correspondance with Mr Tajdin. However, he was not able to stick to that story.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section

Contradiction: Imam's criticism of Leaders in London

Mr Sachedina maintains that the Imam's comment about Leaders in London during Golden Jubilee was incomplete. This statement is shown to be false.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section

Contradiction: Did Nagib's letter really reach Aiglemont on Jan 20?

Sachedina, in his affidavit, says that Nagib's letter to the Imam Reached Aiglemont on January 20, 2010. Sachedina's email to Nagib on January 10 said that Aiglemont had no trace of Nagib's letter. Nagib produced a letter from the Kenya Council, as well as a confirmation from DHL that the letter actually reached Aiglemont on January 8th.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit

C. Comments by visitors of ismaili.net/heritage

Click Here for All Comments on the Copyright Lawsuit Case by visitors of ismaili.net/heritage


The following is a snapshot from 2010/12/29 AM of all the comments on the Lawsuit.

Are Imam's annotations shared ?
On December 28th, 2010 Bloglaw (not verified) says:

Contradiction: Drafting of the February 18th letter purportedly by the Imam

Mr Sachedina told Mr Jiwa that the Imam showed Mr Sachedina a draft of the second letter before signing it. Mr Sachedina told Mr. Tajdin that the Imam was away travelling when he drafted the second letter.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section

Are Farmans to be followed?

Mr Sachedina says that Farmans that we hear in Didars are not actually Farmans and are not to be followed. He maintains throughout his testimony that only the written edited versions sent by ITREB are actually Farmans. Later, Mr Sachedina has to admit that Farmans come from the Noor, the Light of God. Mr Bhaloo says that Talikas containing blessings are not Farmans.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit

Did Sachedina convey to Imam that some of the points in the forged letter needed clarification?

Mr Sachedina did not convey to the Imam that Mr Tajdin had responded to the first letter with a request for clarifications.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section

Are Ginans to be followed?

Mr. Sachedina maintains that Ginans are just devotional poetry and are not meant to be followed.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section

Are Previous Imams' Farmans to be Followed?

Mr Sachedina maintains that he does not follow Farmans of previous Imams.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section

Has an Official Farman Book Publication Been Approved?

LIF's announcement in January 16, 2010, informed the jamats as follows: 'The Jamat will be pleased to be informed that Mawlana Hazar Imam has already approved that the Jamati institutions should formally publish a volume containing the approved text of his farmans, including those made for the Golden Jubilee.'
Is this announcement accurate? Mr Sachedina cannot pinpoint whether or when the approval for this official Farman book was given, and does not indicate that any work is under way to produce an official Farman book.

2010-04-06 STATEMENT OF CLAIM is Filed

A Lawsuit Action was filed on April 06, 2010 in the name of the Aga Khan, against two defendants Nagib Tajdin and Alnaz Jiwa for having infringed the Aga Khan's Copyright by Publishing and Distributing the Farman Book 'Kalam-e Imam-e Zaman, Golden Edition, Farmans 1957-2010'

For the first time in history, an Ismaili Imam was allegedly taking His spiritual child to court.
The Following News Event contains a link to the PDF file of the Statement of Claim of the Plaintiff:

Lawsuit Allegedly by Aga Khan Against His Own - 2010-04-12

Over 80% of ismailis have NO access to Farmans.

Mr Sachedina helps to establish that despite there being a few thousand Jamatkhanas, the circumstances of the worldwide ismaili Jamat are such that over 80% of ismailis do not have access to Jamatkhanas or to Farmans.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section

2010-04-29 STATEMENT OF DEFENSE is Filed

Suspiciously, there had been no prior institutional effort to peacefully stop the endeavor, no action in the Ismaili Arbitration board, and no communication by the Imam on the matter, although the Kalam-e Imam-e Zaman series of Farman books and the defendants' circulation of Farmans started in the early 1990's.
There had been a telephone threat in January 2010 to Nagib Tajdin that his reputation in the Ismaili Community will be ruined if he does not withdraw the publication or if he maintains his accusation of forgery of Imam's signature.

Does Imam Think in French and Speak in English?

Mr Sachedina admits twice to saying that the Imam thinks in French and speaks in English.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section

2010-05-25 REPLY to the Defense is Filed by Plaintiff

The Reply by the Usurper Plaintiff confirmed the defendants' suspicions as it further undermined the principles of Ismaili Faith and destroyed the significance of the Mehmani ceremony as well as of the privileged relation between the Murid and his Imam.

Two of the main points of the reply were that The Imam "edits" His farmans and He did not consented to the publication of Farman books at the 1992 Mehmani

Health and Age of the Imam - Gray Keeps bringing this up.

Mr Gray tried to establish that the Imam is aging and in bad health. It was refuted by everyone.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section

2010-06-16 Summary Judgement MOTION to Dismiss Filed by Defendants

In order to minimize harmful publicity to the Jamat, to the Imam and to all parties, the defendants filed a Motion to Dismiss the case based on the fact that the Imam did not Himself issue the Statement of Claim.

They then filed Revised Factums for their Motion and Reply

Copyright Lawsuit: Read the MOTION for Dismissal by Defendants Here - 2010-06-24


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