Federal Court of Canada upholds
His Highness The Aga Khan's Copyright
Specialized in the Study of Religion (U of T)
- April 2, 2011 -
His Highness the Aga Khan
His Highness Prince Karim Aga Khan is a direct descendent of Prophet Muhammad (peace be upon him and his family) and 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 of the Shia Imami Ismaili Muslims (Constitution). The said Constitution is binding upon all Ismailis. To translate his messages to his Community, Jamat, His Highness has appointed Institutional leaders.
Throughout history, His Highness' appointed leaders have been translating messages of the Imam to the Jamat. His Highness' followers, in turn, receive these messages with impeccable discipline, exceptional unity and an obedience par excellence. The exceptions are Nagib Tajdin, Alnaz Jiwa and some invisible supporters.
Some 15 months ago, Nagib Tajdin, Alnaz Jiwa and John Doe Defendants who have yet to be identified in the forthcoming discovery, openly breached the Constitution and the copyright of His Highness by publishing, selling and circulating a book entitled "Farmans 1957-2009 -Golden Edition Kalam-E Imam-E Zaman" which contains 589 Farmans and 77 Talikas (Infringing Materials). Farmans are addresses of his Highness to the Jamat; Talikas are brief written messages written by His Highness to his Jamat. His Highness is the original author and the sole copyright holder of his works (Farmans & Talikas).
When all efforts failed to end Nagib Tajdin's defiance within the realm of Imam-Murid relation, His Highness sought a legal remedy. To enforce his rights and to regain effective control of his communication with the Jamat, His Highness initiated a legal action against NAGIB TAJDIN, ALNAZ JIWA, JOHN DOE, DOE CO. and all those who have reproduced, published, promoted and/or authorized the reproduction and promotion of unauthorized Farmans in the Federal Court of Canada. The Statement of Claim was issued on April 6th of 2010. It should be underlined that His Highness' unprecedented, regrettable but absolutely necessary legal action against copyright infringers was inevitable primarily because Nagib Tajdin, the chief of all the usurpers, had blatantly disregarded His Highness' two letters. An attack on the integrity of Imam's communication with His Jamat could never go unanswered or undefended.
In response to His Highness' lawsuit, The Honourable Justice Harrington delivered a historic Reasons of Judgment and final Judgment on January 7th and March 4th of 2011 respectively, in favour of His Highness. For the first time in the modern history, a Judgment from a competent court provides a legal underpinning which fully protects the integrity of the Imam-of-the-Time's works from predators and ill-wishers. This Judgment is binding and permanently upholds the absolute prerogative of the Imam-of-the-Time: Nobody can print, publish or distribute farmans, talikas or any other communications of His Highness except those who are specifically authorized to do so by His Highness.
In Ismaili Islam, it is the Imam's SOLE PREROGATIVE to authorize or not authorize readings of Farmans in any part of the world; to publish or not publish His Farmans. If the Imam chooses to publish - at his sole discretion and pleasure - all, any or some of his Farmans at any given time and in any part of the world, such a publication can only take birth in accordance with an established criteria and well established guidelines. To carry out this function, the Imam-of-the-Time has created The Tariqah and Religious Education Board or ITREB. Article 8 of the Ismaili Constitution empowers ITREB to carry out this official mandate.
Justice Harrington's Judgment strengthens Articles 8 and 14 of the Ismaili Constitution. Article 14.1 (c) explicitly and in the strongest possible terms prohibits an "Ismaili" to engage in an act of printing, publishing and circulating "any" material purporting to be on behalf of or in the name of or relating to the Imam-of-the-Time. The Judgment explicitly states that "Copyright subsists in the Farmans and Talikas authored by the plaintiff [His Highness]"
Nagib Tajdin and Alnaz Jiwa allege that the talika His Highness addressed to his jamats in North American, European and African Continents is "forged" and Justice Harrington's Judgement is severely flawed. Thus, the Defendants have initiated a legal battle against Justice Harrington's Judgment in the Appeal Federal Court of Canada. At any rate, the Judgement is in full effect.
Four days back, His Highness' issued a Statement of Issues & Requisition. Three paragraphs under the heading of "The Defendants' Infringing Activities" continue to rivet my attention; it demands a discovery of the Defendants Nagib Tajdin, Alnaz Jiwa, and John Doe Defendants who have NOT yet been identified. This long-awaited discovery is imminent and seeks to reach at the core of infringing activities masterminded by Nagib Tajdin. In essence, it involves all individuals who assisted in the making of Golden Edition and all individuals who purchased the Golden Edition from Tajdin, Jiwa and the John Doe Defendants like Fatehali Dhalla of Vancouver and Shamshu Murji of Toronto. The three paragraphs which appear in His Highness' Statement of Issues are reproduced below.
The Defendants' Infringing Activities
19) The dates and quantities of the Defendants' sales of the Golden Edition and Farmans & Talikas contained therein, are not known the Plaintiff [His Highness], but are known to the Defendants [Nagib Tajdin & Alnaz Jiwa].
20) The identities and names of the John Doe Defendants who assisted the Defendants in the reproduction, promotion, sale and distribution of the Golden Edition and the Farmans and Talikas contained therein, is not known to the Plaintiff, but is known to the Defendants.
21) The identities and names of the persons who purchased the Golden Edition and the Farmans and Talikas contained therein from the Defendants and/or the John Doe Defendants, is not known to the Plaintiff [His Highness], but is known to the Defendants.
To conclude, each Ismaili ought to cultivate an insightful understanding of the letter and spirit that resides in this historic Judgment and Reasons of Judgment. To say the least, each Ismaili should assist in protecting the integrity of the Imam's communication to his Jamat. I know of several John Doe Defendants; how many do "YOU" know of?
1. Reasons of Judgment, Justice Harrington
2. Judgment, Justice Harrington
2) DEFIANCE: The Story of Nagib Tajdin, Alnaz Jiwa and Company - June 4, 2010
3) His Highness Prince Karim Aga Khan's Motion for Summary Judgment - July 1, 2010
3) Constitution: Alnaz Jiwa's Absurd Interpretation Exposed - August 5, 2010
"An independent Shia Ismaili Muslim Scholar"
Through colossal efforts, rigorous academic training, substantial financial cost and numerous sacrifices, Mehboob Kamadia has committed to a 30 years knowledge engineering studying all aspects of Ismaili Islam. Mehboob Kamadia's 30 years of time & knowledge investment includes a 6-year University of Toronto curriculum specializing in the Study of Religion which also incorporated Middle Eastern and Islamic studies, field trips to different continents of the world and a painstaking research covering a wide spectrum of knowledge-information with links to Judaism, Christianity, Islam including Ismaili Islam, Hinduism, Buddhism, Jainism, education, film, history, philosophy, politics and science - social & natural.
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