AKME PUBLICATIONS was established in 1992 to publish Andrew Malcolm's Making Names, the controversial philosophy text at the heart the famous six-year, half-million-pound breach-of-contract claim fought against Oxford University (Press) and won by Malcolm in the UK Court of Appeal in 1990. The action, now recognized as the most important such case in British publishing law, ended in 1992 with a settlement unique in the history of literature, a settlement which for all time binds the university and its members not to denigrate Making Names (explanation). Perhaps for these reasons, the case has never been the subject of a law report and Making Names has gone unmentioned by the UK broadsheets, despite winning eulogies from, amongst others, Karl Popper. Hence, from September 1997, this website.
The site began life as a free online Literary Law Library for authors contemplating similar litigation, and in 1999 expanded to include an Oxford Cuttings Library of published articles about OUP's poetry fiasco of that year, including Malcolm's own War for Jericho in the Times Literary Supplement. Then there were added OUP's Accounts, reports on Oxford's finances, and important articles and links concerning Print-on-Demand Publishing, so-called Sheet Dealing, OUP's tie-up with Microsoft's Encarta and various other scandals.
Also in 1999 Akme produced a computer printout of Malcolm's whole amazing Oxford adventure, and this publication, in turn, led to certain surprising discoveries about OUP's supposed "charitable status", discoveries which formed the 5th Appendix to a second book, The Remedy. It is not widely known that OUP's (& CUP's) exemption from tax was covertly granted only comparatively recently - in 1978 (& 1976) - and on conditon (a) that any and all surpluses it makes be ploughed back into 'non-commercial publishing' and (b) that it on no account become a source of income for its university. OUP is now flagrantly, sometimes even proudly, in breach of both of these undertakings.
As a result of the controversy generated by the launch of The Remedy (e.g. The Oxford Times, 5/11/99), Akme was sent photocopies of OUP's confidential applications for its all-important American tax-exemption, revealing the present extreme shakiness of the whole international edifice. In the early 1990s OUP (SA) had narrowly and dubiously fought off a claim from the South African Revenue Service, but in 2001 OUP finally lost a 25-year battle to retain its charitable status in India. Click for the Indian judgment and The Oxford Times report.
Later in 1999, as a result of these events, the traditionally skinflint OUP publicly claimed to have transferred £87 million of its vast (by then £150 million plus) reserves to the university, although this 'donation' was subsequently exposed as bogus. In 2003 OUP donated another, apparently less bogus £77 million, £60 million of which was for the purchase of the John Radcliffe Infirmary site on the Woodstock Road, which has now become the centrepiece of a £600 million development scheme including a whole new university campus. In the annual report of 2002/3 OUP's Chief Executive proudly announced that, altogether, since the publication of The Remedy, the Press has donated over £200 million to its university for capital projects. Although this strategy may temporarily assuage some of the growing army of critics of OUP's tax privilege, it constitutes a massive betrayal of its not-for-profit publishing mandate and an obvious breach of its 1978 conditions, tantamount to illegality.
Meanwhile, in 2001 there at last appeared (in The Times Higher Education Supplement, 30th March) a surprise review of The Remedy written by, of all people, Henry Hardy, the OUP editor who had been at the heart of the 1985/6 lawsuit. In his review, Hardy praised both of Malcolm's books and himself questioned OUP's tax dispensation. Two weeks later Alan Ryan, the OUP Delegate responsible for Oxford's 1986 breach of contract, responded by publicly denigrating Making Names - a clear breach of the 1992 agreement. This led to renewed legal proceedings, the founding of Akme Expression (and University) in Oxford, the OUFOE Appeal, and in turn to the Oxford Borders fiasco of October 2002, and a follow-up talk Where is the university? delivered in Borders' London flagship store in January 2003. In March 2003 Malcolm found his candidacy in the Oxford University Chancellorship election unconstitutionally blocked.
The Borders episode in October 2002, in which three squad cars of police were summoned to break up a scheduled talk and book-signing at the store, led to the mysterious jamming of this website for over a year, during which an American mirror site was kindly operated by Akme agent Michael Sayers. Akme switched to a new service-provider and in February 2004 regained apparent control of www.akme, so visitors are now advised to re-bookmark this page, whilst keeping Sayers' mirror bookmarked too, just in case.
To celebrate the recovery of the website, and as a contribution to the ongoing national debate about the funding of higher education, in 2004 Akme posted the Oxford colleges' accounts online and launched the Oxbridge college accounts index, which generated much public controversy over the colleges' management of their huge endowments. This in turn led to Akme's analysis of the Oxford colleges' endowment performance 1973-2003. Other recent major postings include the privatisation furore sparked by Michael Beloff's 'tanks' speech of October 2004, the ODNB farrago, the rows over Oxford's increasing commercialisation and reducing libraries, incoming Vice-Chancellor John Hood's controversial reforms in January 2005 and historic lost votes in Congregation in May 2005 and subsequently in November-December 2006, various recent access scandals and incidents of racism, and the historic case of Versi vs. Keble. In May 2006, with stories of increased student litigation hitting the newspapers and Oxford becoming the first UK university to impose a (defensive) contract on its students, Akme launched a Student Law Library dedicated to this rapidly expanding new area of law. In summer 2006 Akme exposed New College's Aylesbury land sale scandal and in the autumn launched Akmedia CD-Roms of the Oxford and Cambridge college accounts.
In 2007 the matter of OUP's (and CUP's) anomalous tax status at last became a subject of public attention with the appearance of articles in The Bookseller 16th March and The Guardian 17th April, the latter featuring the first-ever mention in a UK newspaper of the conditions imposed upon OUP in 1978. As its contribution to the Charity Commission's public consultation on the new 'public benefit' requirement of the 2006 Charities Act, Akme obtained and posted up the documentation involved in the two university presses' hushed-up tax-exemption applications of the 1970s and the Inland Revenue files of their earlier unsuccessful attempts during the 1940s & 1950s (Click for indexes: 1940s-50s, 1970s). The Charity Commission's report on its first round of consultations stated that the Akme website had had a significant effect on its submissions on the subject, while OUP's chief executive confided to an Indian newspaper that, after all, its tax-exemption "is not financially important".
Also in 2007 it was quietly disclosed that, on account of his disreputable roles in the Malcolm case and the Aylesbury land scandal (not to mention numerous other disgraces), the New College Fellows had presented Alan Ryan with the choice of formally being deprived of the Wardenship or voluntarily taking "early retirement". He opted for the latter and is being replaced in September 2009 by Sir Curtis Price.
In 2008, alongside various further articles on OUP's unsustainable tax-exemption, a long-brewing story broke in the Oxford Times concerning the rights of enfranchisement of householders on two estates in north Oxford at Jordan Hill and Webb's Close (Wolvercote). The two estates were built by OUP for its workers in the 1950s and 1960s, before the press's tax-exemption, so should be subject to the normal right-to-buy provisions, but this claim has been denied by the university, potentially setting the scene for an interesting battle over the estates' future. Stay tuned.
ABOUT MAKING NAMES, the book that started it all, with links to reviews, opening passage, mail order information etc. RAVE REVIEW by Arina Patrikova in The Oxford Student, 31st May 2002: "One of the most powerful statements of the human condition written in the past century."
ABOUT THE REMEDY, with links to reviews, opening passage, mail order information and more detailed links into the site. RAVE REVIEW by Henry Hardy in The Times Higher Ed. Sup., 30th March May 2001: "Andrew Malcolm has written two excellent books... in a sane world... etc."
Malcolm vs. Oxford I, 1986-92 Extracts from the 1990 Judgments, The 1990 Court of Appeal judgment complete, The 1990 Chancery Court judgment complete, The Damages Assessment findings, 1991, McGregor on Royalties, The Case History, The complete Case Papers Index, including testimony transcripts. The fascinating judgments and court files in the original case: evidence, documents, affidavits, statements and courtroom testimony, all scanned, transcribed, indexed, cross-referenced and interlinked for easy navigation. Delight, for example, in the courtroom cross-examination of Oxford's six witnesses, Sir Roger Elliott, Ivon Asquith, Richard Charkin, Henry Hardy, Margaret Goodall and Nicola Bion.
Malcolm vs. Oxford II, 2001/2 Case Papers Index. The fully indexed and documented farce of Oxford's unique 1992 non-denigration agreement and Alan Ryan's breach of it, featuring Michael Beloff QC's "Seven Centuries of Mystery Tour". Thanks to this latest case, the Vice Chancellor and Pro-Vice-Chancellors are now legally speaking no longer servants or agents of their university.
New versions of Malcolm vs. Oxford (The Appeal Court judgments, 1990 & 2002) in PDF format (with weirdly botched layout and punctuation but textually complete) in the website archive of the Oxford Centre for Higher Education Policy Studies (OXCHEPS), which features a whole range of law cases involving higher education institutions. Click for these pdf versions of Malcolm vs. Oxford C.A. 1990 (breach of publishing contract), Malcolm vs. Oxford C.A. 2002 (Alan Ryan's breach of the 1992 non-denigration agreement), or for OXCHEPS' complete case archive index.
THE AKME LITERARY LAW LIBRARY, a unique resource specifically designed for authors (or publishers) contemplating litigation. The library contains all relevant precedents from the English archives, a series of articles by lawyer Nicola Solomon, and other materials.
THE AKME OXFORD CUTTINGS LIBRARY. An archive of numerous published Oxford and OUP scandals, definitions for dollars 1985, the Tehran Book Fair 1989, the poetry-axing fiasco 1998, Oxford's various Indian tamashas, Malcolm vs. Oxford, etc., etc..
OUP'S ACCOUNTS, The Delegates' Annual Reports and Financial Abstracts, 1994 - 2003, and Bookseller digests, 1988 - 1999. OUP's latest accounts 2002/03. THE WALDOCK REPORT, Oxford University's own resonant 1970, pre-tax-exempt, investigation into the workings of its Press. OUP Delegates lists.
THE SURPRISING TRUTH ABOUT OUP'S 'CHARITABLE STATUS': the controversial 5th Appendix to The Remedy, annotated and with further links. Also OUP'S U.S. TAX-EXEMPTION - an explanation and analysis of OUP's all-important American not-for-profit status, including application facsimiles, transcriptions, summary of accounts (1997), and a U.S. lawyers' Briefing Paper.
CUP'S TAX-EXEMPTION. M. H. Black's Cambridge University Press 1584-1984 (CUP), Chapter 15 Charitable status recognised. The Law Reporters' Case claimed as CUP's precedent. Other cited case references. AKME LAW LIBRARY includes other relevant charity law cases and materials.
A PALPABLE HIT? OUP's latest donation in 2003 of 77 million pounds to the university for the purchase of the John Radcliffe Infirmary site - over 200 million now unloaded since the publication of The Remedy. Oxford Mail and Times reports.
THE INDIAN JUDGMENT, 2001. OUP's finally lost, 25-year appeal for charitable status in India. Click for The Indian Court Archive version (contains a number of typographical errors; link takes you out of www.akme) or for the Akme (corrected) version. Also newspaper articles: OUP facing huge tax bill The Oxford Mail, 21/3/01 A Message from India in-depth report The Oxford Times, 30/3/01 (including admissioon that OUP's 1999 'donations' were bogus). Also The South African judgments. An Oxbridge Chief Justice - Remnants of Empire?
Other articles: Mammon's Imprint: Oxford Prof. Valentine Cunningham on OUP's 1998 poetry massacre (+ THES leader comment and campaign), OUP fights corner in poetry row (includes CUP's donations to CU), US presses enjoy tax freedom, all THES 12/2/99. OUP to invest £87 million in university The Times 17/7/99, OUP denies breach of charity rules The Oxford Times, 5/11/99, Cooking the books? Cherwell 12/11/99, OUP profit row Cherwell 25/2/00.
Oxford's "Bourses for Courses" scandal, aka "Degrees for Sale", "Cash for Places", "Pembroke Bribery" etc. - a delightful linked series from December 2001 to March 2002 including a splendid contribution from Alan Ryan. Amazing retirement revelations by Margaret Goodall, OUP's Mother of all Secretaries, plus photo of the Usual Suspects. Oxford's Nazi marks examined article, April 1997. Malcolm's lectureship offer letter, March 2002.
SHAKE-UP OF UK CHARITY LAW. Government report, September 2002, has implications for Oxbridge colleges and presses. The Guardian 19/11/01, Accountancy Age 29/11, Oxford Student 21/11. Oxbridge accounts reveal assets of £2 billion: Sunday Times, 16/11/97. RANDOM HOUSE v. ROSETTA BOOKS. U.S. District Court, (Southern New York), July 11th 2001. 01 Civ. 1728 (SHS). Crucial law case on ebook publishing and rights, with possible implications for print-on-demand publishing
AKME EXPRESSION: The Broad Street shop: the Gallery of Shame, photos etc., Malcolm vs. Oxford 2001/2: explanation of renewed hostilities. Newspaper reports: Andrew's Little Shop of Horrors, Oxford Times in-depth feature 21/6/02, Times Higher Ed. Sup. 26/4/02, Oxford Times 26/4, The Guardian 30/4, Oxford Star 2/5, Oxford Student 2/5, Cherwell 3/5, Publishing News 10/5, Private Eye 17/5, The Guardian 25/6, South China Morning Post 11/5, Change (US higher ed. journal). Major article in The Philosophers' Magazine, Autumn 2002: Malcolm in the Middle. ALAN RYAN QUITS OXFORD. The New College Warden exits, ranting: Times Higher Ed. Sup. 31/5/02, Cherwell 7/6, other gossip.
BORDERS SUMMON THOUGHT POLICE Oxford, 4th October 2002: the first book-bust in Europe since the Nazis. The Daily Telegraph 12/10/02 (in depth, with photos), Oxford Times 11/10, Oxford Mail 11/10, Brighton Argus 15/10, Oxford Student 10/10.
POLICE HOLD BACK 30th January 2003, Borders, London: Malcolm delivers talk Where is the university? The Independent 30/12/02, Oxford Times & Mail 17/1/03, Brighton Argus 29/1, Cherwell 24/1.
MALCOLM'S FIFTY February-March 2003: Arcanery or chicanery, it was the same old Oxford story. The detail of Andrew Malcolm's blocked candidacy for the University Chancellorship and the fifty-four members of Convocation who were disenfranchised. Reports in The Guardian 11/2/03 & 25/2 & 26/2, Brighton Argus 8/2, Oxford Times 7/2, Cherwell 7/2 & 7/3, Oxford Student 6/2 & 13/2 ("Malcolm the serious contender") & 6/3 etc. etc..
GILES GORDON: collated obituaries and tributes to the literary agent who died tragically on 15th November 2003, an immeasurable loss to UK publishing and to all at AKME.