By Salim Jiwa
TORONTO – The Aga Khan, one of the world’s wealthiest philanthropists and spiritual leader of Ismaili Muslims, has filed a lawsuit in Canadian Federal Court for copyright infringement.
Prince Karim Aga Khan is seeking punitive and exemplary damages and an injunction against two of his own followers who have allegedly sold the spiritual leader’s written and oral pronouncements to the Ismaili community world-wide.
The Aga Khan claims in his lawsuit that businessman Nagib Tajdin and Toronto lawyer Alnaz Jiwa and other unknown parties infringed his copyright by reproducing a book that is a collection of his written pronouncements and his speeches.
The lawsuit claims the reproduction was not authorized and that the Aga Khan personally authored the pronouncements and therefore holds sole copyright in the book entitled “Golden Edition – Kalam-E-Imam-E-Zaman.”
“The infringing material consists of a book entitled “Farmans 1957-2009 – Golden Edition Kalam-E Imam-E-Zaman” (the “Book”). This Book reproduces in substantial part a series of 589 Farmans and 77 Talikas and messages authored by the Aga Khan and delivered in various countries around the world between the years 1957 to 2009. The Book is accompanied by an mp3 audio bookmark preloaded with 14 audio extracts of Farmans read in the Plaintiff’s own voice (the MP3?). Collectively, the Book and MP3, are referred to herein as the “Infringing Materials,” according to the writ filed in Federal Court in Toronto.
The Aga Khan explains that a Farman is an address to his followers while a Talika is a brief written religious instruction to his community.
The Aga Khan’s lawsuit explains that both defendants have engaged in commercial ventures using unauthorized reproduction of material on which he owns the copyright.
The Aga Khan says he is a citizen of the U.K. but lives in France.
Nagib Tajdin is listed as a resident of Montreal and Nairobi, Kenya. Alnaz Jiwa is listed in the suit as a lawyer residing in Scarborough, Ontario.
“Ismailis live in over 25 countries across the world, mainly in South and Central Asia, Africa, Afghanistan, Iran and the Middle East, as well as North America and Western Europe. It is the mandate of the Imam to interpret to his community the faith of Islam as a thinking, spiritual faith that teaches compassion and tolerance and upholds the dignity of man, and also to lead the effort to improve the security and quality of life of his community and the wider societies among which the Ismailis live. The Aga Khan’s communications to his community are conveyed in this privileged context and, hence, he is concerned that their integrity should be safeguarded,” states the lawsuit, a copy of which was obtained by Vancouverite.
The Aga Khan states in his claim that the defendants produced and released the alleged infringing materials consisting of a book and MP3s which were recorded without his consent.
The Aga Khan states the defendants are profiting from the sales of the book in four parts with each part being sold for $50 CAD with the MP3 recording being given as a gift to a purchaser.
Bay Street law firm Ogilvy Renault filed the lawsuit on April 6. No response has been filed.
Ogilvy Renault is seeking an accounting of all profits made from the sales as well as punitive and exemplary damages.
Aga Khan lawsuit – PDF document from Federal Court.
Source: click here for original source of this article
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24 Responses for "Aga Khan files copyright lawsuit in Canadian Federal Court"
Check the authenticity of the claim. Then make comments.
It is absolutely illegal to sell anyone’s work without their consent. The thought of selling another person’s recorded words is absolutely preposterous. This is an important sanction to bring awareness to such unethical behavior. And why buy farmans and taliqas outside Khane?
Hi Patricia. For authenticity, please read more about Salim Jiwa here: http://www.salimjiwa.com
I don’t know how these two can call themselves Ismailis.
That makes me sad to hear that news that some people takes advantage of our beautiful faith and make money out of it they should not only be judged by cort but also by our jamahat shame on u people
I am very very sad to hear this news, shame on people like this. They should absolutely judged by our jamahat and court.
This is a shame. These people have been warned so many times. I’m glad now they will face the consequence of their immoral n unethical actions. They have no right to call themselves Ismaili or put a foot step into JK.
Hi Salim Jiwa, personally, I do not care about your studs or decorations on your collar. I have many to as well that will shallow you. But I do not pomper as you do. Why is it that you are the only one breaking news to all news sources? Here in Canada, freedom of expression is relevant to all. Did you buy the story from someone yo know?
I asssume you are an Ismaili and if you are, then why not keep this matter under control and prevent all the slime?
I have a copy of the claim and see clearly who the Plaintiff and defendants are. Let it be in court and allow the Canadian law to determine the case. You have advertised your name with teh Aga Khan Name and frankly, it is a free ride to escalate your cyber rankings as I can see. Enjoy the hype!
Hey Patricia…You babble a lot and your postings are full of hot air. It seems that you have lost your mind. Did you buy your brains at your neighborhood dollar store at the price of 2 for 99c? Your postings are totally void of rationality and are filled with personal attacks against Mr. Salim Jiwa. I think you need psychological evaluation as I sense paranoia in your postings. My advice to you is that you should mind your own business and stop defending that which is not defendable. Stop being a mouthpiece and/or alias for Mr. Nagib Tajdin and Alnaz Jiwa. Will you follow my advice? I doubt it!
Hello everyone….
I am so very very shocked of hearing such a news from my cousin that people can do such an action which is beyond our thoughts… We even can’t imagine about it, but people like NT & AJ and I personally don’t care about others…….. I am sorry for both of you (NT&AJ)….
It is really shame if Nagib Tajdin and Alnaz Jiwa calling them Ismailis, if they would know what does being an Ismaili means they wouldn’t run behind money to sell Hazir Imam’s most rare and important workout, finally I am saying that what will court do? they should be judged by Ismailis! If I ever meet them will shoot them out with bullet!
Nagib Tajdin and Alnaz Jiwa if you are reading my statement go to hell and burn in the fire of Imam’s anger! feel shame on you both if you are calling your selves Ismailis! do you know what is the meaning of being a real ismaili?
Reading these blogs, and other reports, it becomes very clear that most people take things at face value. Mawla Bapa has urged us to read our history, which is filled with people who have betrayed our Imams, often betrayed by very people appointed to their posts by the Imam of the time. The announcements made in the Jamatkhanas contained fair amount of misinformation (not surprising). I have filed my defence to the Claim in the Federal Court today, and I trust that when you all read it you will, Inshallah, be able to assess arguments on full information – it is always dangerous to make judgments and to reach conclusions after reading or hearing one side of any argument. I pray that may Mawla give us all wisdom.
PS. Ever asked the question, why did some Imams “let go” large portions of the Jamats, eg. Mawlana Jafar Sadiq, and these “discards” not go along with the next Imam?
Before anyone goes insulting the intelligence of others including the defendent remember – th court of law clearly states that you are innocent until proven guilty. Therefore don’t vent your frustrations on the defendents. They did something that should not have happened in the first place but give them a chance to present their defence. There are lessons to be learned from this and as an Ismaili we have choices, and we live by our choices. So if the defendents are found guilty of their crime, they will pay for it – materially, spiritually and emotionally. In the meantime – question your own thoughts about this and inquire why did this have to happen in the first place.
The real crime of Naguib Tajdin and Alnaz Jiwa is the imposition of their world-view and belief by twisting the arm of others. They have used the illicitly obtained collection and website to imply a certain level of prominence which is now in the very negative. They have also used the website to control discourse and thus caused immense damage to the intellectual and spiritual evolution of the ismaili community. Mawlana Hazar Imam strives very hard to not only be, but also be seen as impartial and fair to all ismaili communities, whether khoja, shamsi, arabic or any. It was suggested to them by myself in an extensive rational debate with Tajdin/Jiwa on ismaili.net that they are clearly derailing the discourse. I quoted them the firman of Imam Sultan Mohamad Shah about khoja not progressing because of mutual jealousies but they summarily deleted the posts. I had asked them for improved versions of whatever they had posted, such as images than the OCR with several errors. They refused and said that they will compile and sell it. I find it interesting that Mr Alnaz Jiwa is a lawyer and he must have practiced this type of convoluted deception in his legal practice to be readily employ it today against the Imam. If he is dragging Mr Tajdin and others to destruction with himself, I urge the others to save themselves and dissociate from him.
I am confused,non-khoja Ismaili.
You say about Jiwa & Tajdin “They have also used the website to control discourse and thus caused immense damage to the intellectual and spiritual evolution of the ismaili community.”
What is this spirtual evolution? Has it do with desire to move away from the Panj Tan Pak beliefs of the Khojas? and The divinity of the Imam beliefs?
Explain please
To Alnaz April 30th, 2010 at 2:45 am:
“Aga Khan lays down the law for two defendants”
http://www.vancouverite.com/2010/05/27/aga-khan-lays-down-the-law-for-two-defendants/
Frankly, the truth will come out in Canadian Law courts. They do have a great judicial system that will catch out the crime.
My personal belief is that Shafique Sachedina is 2nd in command and has the ability to sign off any document or instruction with or without any formal approvals.
We shall wait to see more when the claimant and the defendants take the cross examination. This will not be a miss, I can assure you. They say that Ogilvy Renault do not take on cases that may loose, this may be the first if not many more that they have.
The real crime of Naguib Tajdin and Alnaz Jiwa is the imposition of their world-view and belief by twisting the arm of others. They have used the illicitly obtained collection and website to imply a certain level of prominence which is now in the very negative. They have also used the website to control discourse and thus caused immense damage to the intellectual and spiritual evolution of the ismaili community. Mawlana Hazar Imam strives very hard to not only be, but also be seen as impartial and fair to all ismaili communities, whether khoja, shamsi, arabic or any. It was suggested to them by myself in an extensive rational debate with Tajdin/Jiwa on ismaili.net that they are clearly derailing the discourse. I quoted them the firman of Imam Sultan Mohamad Shah about khoja not progressing because of mutual jealousies but they summarily deleted the posts. I had asked them for improved versions of whatever they had posted, such as images than the OCR with several errors. They refused and said that they will compile and sell it. I find it interesting that Mr Alnaz Jiwa is a lawyer and he must have practiced this type of convoluted deception in his legal practice to be readily employ it today against the Imam. If he is dragging Mr Tajdin and others to destruction with himself, I urge the others to save themselves and dissociate from him.
Reading these blogs, and other reports, it becomes very clear that most people take things at face value. Mawla Bapa has urged us to read our history, which is filled with people who have betrayed our Imams, often betrayed by very people appointed to their posts by the Imam of the time. The announcements made in the Jamatkhanas contained fair amount of misinformation (not surprising). I have filed my defence to the Claim in the Federal Court today, and I trust that when you all read it you will, Inshallah, be able to assess arguments on full information – it is always dangerous to make judgments and to reach conclusions after reading or hearing one side of any argument. I pray that may Mawla give us all wisdom.
PS. Ever asked the question, why did some Imams “let go” large portions of the Jamats, eg. Mawlana Jafar Sadiq, and these “discards” not go along with the next Imam?
Patricia campbell: you are full of hot air. You have been and still are. or should we just call you alnaz?
follower and soulmate. please use logic and common sense when putting forward your unethical and abusive reponses. i would ask your parents as to their way of bringng you up. look inside yourselves and see how rotten you are and then attack others.
this article is very right winged/one sided
I’m not sure what all the fuss is about…there are two lunatics along with a group of other people and they know who they are that are mentally unstable…we should feel sorry for them and if they have any real friends, they will get them the medical help they so desparately need
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