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Aga Khan wins copyright infringement appeal


Aga Khan wins copyright appeal.

By Salim Jiwa

VANCOUVER – Two men who challenged an earlier federal court ruling that they had infringed the Aga Khan’s copyright by publishing an unauthorized book of his works have lost a bid to toss out the judgment. (See copy of judgment below)

Nagib Tajdin, a Kenya-based bakery operator, and Alnaz Jiwa, a Toronto lawyer, had filed a challenge to a 2011 ruling by the Federal Court of Canada that they had violated the Aga Khan’s rights by publishing a book known as the Golden Edition. The illegal book contained hundreds of pages of written and spoken directives and speeches of the Aga Khan to his followers. Such pronouncements made by the spiritual leader of 15 million Ismaili Muslims are known as ‘Farmans’ and ‘Talikas.’

Tajdin and Jiwa had filed the appeal claiming, among other things, that a usurper had filed the court action against them and that they had either express or implied permission from the Aga Khan based on a 1992 religious event.

The Federal Court of Appeal issued the judgment on Tuesday. Three appeal court Justices unanimously concurred they found no grounds to set aside the infringement judgment issued by Justice Harrington of the Federal Court.

Millions of his followers have already heard directly from the Aga Khan that he has not authorized anyone to publish his works.

In tossing out the appeal filed by Tajdin and Jiwa, Justice Johanne Gauthier stated: “I am satisfied that having concluded that there are no facts capable of constituting consent, one can only infer that the publication by Mr. Tajdin and Mr. Jiwa of the Golden Edition was done without the consent of the Aga Khan.”

Justices Marc Nadon and Karen Sharlow concurred with the findings made by Justice Madame Gauthier.

The federal appeal court also awarded costs to the Aga Khan.

It is expected that the two men – who claim they are devoted followers of the Aga Khan – will now have to account for the number of books that they had offered for sale on the Internet.

Federal Appeal Court ruling – Aga Khan v/s Tajdin & Jiwa


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News Editor Posted by on Jan 18 2012. Filed under Canada, World. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

121 Comments for “Aga Khan wins copyright infringement appeal”

  1. Looks like there are more documents. A submission by the Aga Khan’s legal team on or about April 27 and a response by Nagib Tajdin’s legal team on May 9. Is there any way to access these documents? I believe the next court date is May 14.

  2. Are the new documents submitted available?

    “A-421-11″
    “NAGIB TAJDIN v. HIS HIGHNESS PRINCE KARIM AGA KHAN”

    http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-421-11

    Specifically:

    #14 – Memorandum of fact and law on behalf of the appellant filed on 16-MAR-2012 3 judges’ copies stored in Ottawa

    #16 – Memorandum of fact and law on behalf of the respondent filed on 11-APR-2012 3 judges’ copies stored in Ottawa

  3. Any update editor?

  4. Any update on this topic? Specifically:

    1. Have the defendants fully complied with the judgment, providing all relevant documents, names and entities that were involved?
    2. What happened with the parallel court case against Alnaz Jiwa relating to him being charged for assault with a weapon, within a place of worship no less, that also has resulted in a restraining order against him?

    • We will have an update on the Alnaz Jiwa criminal trial when a decision is rendered.

      • FORWARDED AS RECEIVED

        Alnaz Jiwa Not Guilty

        My criminal trial had taken place over four days in March of this year and the Judgement was today.

        Six witnesses testified against me. Although two witnesses (in addition to me) were to testify on my behalf, after hearing the contradictory evidence against me, I alone testified in my defense.

        The trial judge held today, after reading his judgment for about 35 to 40 minutes, that I was not guilty. He essentially rejected all of the witnesses’ evidence respecting the incident that happened in Unionville JK, going over in details the evidence given by the witnesses.

        I have ordered transcript of the reasons, which I hope, this site will post after I get it.

        All I can say is a very heartfelt to all of my supporters and Ameen to all of the prayers offered for me.

        Alnaz Jiwa

        • This comment is a partial post made on another site, apparently by Alnaz Jiwa. Again, we have not verified this but have no reason to believe that it is faked.

  5. 2 YEARS ANNIVERSARY – The Leaders’ International Forum of His Highness

    His Highness Prince Karim Aga Khan is the 49th hereditary Imam, spiritual leader, of millions of Shia Imami Ismaili Muslims who are ethnically and culturally diverse peoples living in over 25 countries. The Ismailis are united in their allegiance to His Highness. For their social governance, His Highness has ordained the Constitution which is binding upon all Ismailis. To translate his messages to his Community, His Highness has appointed Institutional leaders.

    Under the heading of “His Highness Prince Aga Khan Shia Imami Ismaili Leaders’ International Forum”, Article Four of the Constitution states the Leaders’ International Forum (LIF) is “directly under the authority” of His Highness and goes on to state that the “submissions of the Leaders’ International Forum shall be implemented only if specifically approved” by His Highness (p.10)

    In accordance to His Highness’ express consent, the LIF made the first announcement on January 16, 2010. An excerpt reads: “It is a matter of deep concern that some members of the Jamat have taken it upon themselves to publish and sell these private, protected and privileged texts of [His Highness] …This practice constitutes a breach of the Ismaili Constitution, as well as of copyright laws, and appropriate steps are being taken to ensure that the unauthorized circulation of copies of this unauthorised publication ceases.”

  6. To: ees – aka John Doe:
    You have suggested that the Imam is not the Plaintiff. In other words you have not accepted the Holy Talika that the Imam sent to the worldwide Jamat, you have not accepted the communication the Imam sent to NT as being authentic, You have also not accepted the fact that the Imam did appear as the plaintiff during the discovery process and you have not accepted that the Imam during that discovery approved the settlement that NT and AJ promised to consent to settle according to the Statement of Claim which names the Imam is the sole Plaintiff. Now if the Imam is not the plaintiff why would he have accepted the settlement terms? You are insinuating that the Imam by approving the settlement terms is committing a fraud on the Federal court of Canada and that the Imam is in total disarray and cannot exercise any control or governance over the leaders appointed by him. You and the other Heritage lunatics have been arguing that “His Highness did not say that he is the plaintiff; therefore he is not the plaintiff”. Allow me to submit a similar fallacious argument in reverse. The Imam did not say that he is NOT the plaintiff, therefore he is the Plaintiff. :) How do you like that argument?

    • To: ees – aka John Doe:
      You have claimed that “Integrity of Farmans” is not an issue nor challenged in court. Please refer to the Imam’s direct letters to NT. You will note from reading those letters that “Integrity of Farmans” is one of the key issues identified by our Imam. Please note that NT’s non compliance and reckless disregard for the issues raised by the Imam in his letters ultimately led to the court challenge. Where have you been all this time? :)

      • To: ees – aka John Doe:
        You have asked, “what was breached?”
        According to Statement of Claim, NT, AJ and all the Doe defendants are in breach of copyright and moral rights relating to the unauthorized reproduction and distribution of the original Literary Works and Readings authored by the Plaintiff, His Highness Prince Karim Aga Khan. According to me, these people have also breached Article 14 of our Holy Constitution. It appears that our News Editor and the other murids of the Imam are anxiously waiting for those proceedings to begin.

  7. Where have you been all this time? No consent was given.

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