Edfu - The Ralph Ellis Website

Dear Mr Bauval,

Oh Robert, I once had so much respect for you - what has become of you? Such carefully crafted words, but unfortunately with every word you write the ragged lines of lies are wearing thinner - the truth is beginning to show.

Money from Appleby? I have looked through all my past correspondence wondering what makes Robert say this and I can find absolutely nothing. Indeed on the 3rd July '98, I specifically wrote to Mr Appleby's solicitor telling him not to send (and I would ignore) any further correspondence from him regarding his many proposals for a financial settlement. The only request for money from Mr Appleby was point 8. of our proposal for a settlement, which asked for repayment of our legal fees. Not only was this reasonable, but I would also hasten to point out that this agreement was drafted in full by Robert Bauval and it was presented to us 'other authors' to sign. (Robert Bauval was using my solicitor at the time for some reason.) Robert, if you have any evidence that I have asked for monies from Mr Appleby please show it to us - either show us the smoking gun or maintain a more dignified silence.

But anyway Robert, who is the victim here? Did I ask to be plagiarised? Am I to be blamed for protecting my (intellectual) property? Are you indicating that no victims of crimes are allowed any kind of redress for the actions taken against them? Why do you seek to portray me as the villain for simply writing a book and having that book taken from me by "plagiarism of the worst kind" as you so eloquently put it. Are you seeking to protect and promote Appleby once more, as you did when you invited him to co-tour with you in Egypt? And why was this "plagiarism of the worst kind" downgraded to a simple 'use of unauthorised material' in your dedication to Appleby in "Secret Chamber"?

Ah! So it not a rumour, Random House did offer me a publishing contract, how marvellous! And where is the documentation for this phantom contract? To this day I have not received one letter, one e-mail, one fax, one 'phone call about such a prospect, indeed Random House refused to answer all my calls and letters when I sought to confirm the details which had been given to me by Robert Bauval.
Robert then says that:

Random House offered him (Ralph) a publishing deal because they
wanted to make amends, but he foolishly imagined it was a
'plot' and turned it down in the most undiplomatic and ungrateful
manner.

Any business people out there? Would any of you sign your end of a deal without seeing any documentation whatsoever from your proposed new partner or client? Would you sign without knowing any of the details of the contract? Would any of you sign away your legal rights at 0800 on a Saturday morning, when all the Random House executives were tucked up in bed and unavailable? Would you not question why the matter could not wait until the Monday? Would you not be wary of a publisher that had already gone back on their written word once before, and nearly closed your business down for good? Perhaps, more importantly, would any of you propose such a blind deal to a colleague or friend? Robert Bauval would. Oh, if all the worlds punters were so naive, what a wonderful place it would be for the unscrupulous! (As an aside, how can I turn down an offer from a publisher, that I have never received?)

Robert, just who was the contact-name at Random House who informed you of this offer? What documentation do you have on this? Indeed, I open this debate out to Random House themselves, please can they send the documentation on this phantom proposal for me to peruse? I will, of course, be sending a letter to Random House today and if anyone else out there wishes to do the same, they can be contacted at the following address. Ask them for any comment whatsoever on this affair - for I have not received one word as yet.

Mr Simon King
Managing Director General Books
Random House UK Limited
20 Vauxhall Bridge Road
London SW1V 2SA U.K.
+44-207-840 8400
+44-207-233-8791 fax
Email : enquiries@randomhouse.co.uk

Finally, have I profited from this saga? Not likely. That fact that I would eventually have got a publisher on the back of my interesting research is axiomatic, after all Mr Appleby managed this feat with exactly the same material! Far from promoting my work, the Appleby affair has effectively pushed me into self-publishing - which is never the best of prospects. On the bright side, however, what self-publishing does mean is that we can distribute well produced stitch-bound books on quality cartridge paper with interesting colour photos - instead of out of focus holiday snaps that interest no-one. In addition, our editorial control lies with the author and not the publisher, thus I can (and do) mention many very unpopular elements, from both history and theology.

Sincerely
Ralph Ellis

Director Edfu Books

P.S. Never mind the effect of the Appleby affair on the book "Thoth", the truth is that without this saga "Secret Chamber" would never have been published. It has to be noted that Robert no longer denies that the contract for "Secret Chamber" was presented to him just after the 'peace agreement' was made with Appleby, not 'in a few months' as he previously claimed. (Will Robert's last word really be the last now?)

Appendix:
The details of the Appleby 'peace agreement' which was initially proposed (drafted by Robert Bauval) were as follows. Each of the plagiarised authors was to sign a copy. I think most people will agree it was quite reasonable:

1. Mr Appleby acknowledges plagiarism of the author's (Ralph Ellis, or other author's name to be inserted) original creative work in the Book (HoG).

2. Mr Appleby acknowledges breach of copyright in the Book.

3. Mr Appleby undertakes that the Book (HoG) will not be republished in part or in full, in any means whatsoever.

4. Mr Appleby undertakes that he will not approach any other publishers, distributors or any other organisation or individual in the literary world with a view to reproducing the Book or any part of it.

5. Mr Appleby undertakes to destroy any copies of the Book that he has or that come into his possession at any time.

6. Mr Appleby formally apologises to the author for the above mentioned plagiarism and breach of copyright.

7. The author (Ralph Ellis) agrees that he will not bring any action whatsoever against Mr Appleby in relation to the Book.

8. Mr Appleby undertakes to pay within 14 days of receipt of an invoice the authors reasonable legal fees in the preparation of this agreement.

This was proposal rejected out of hand by Mr Appleby, who made a counter proposal. Robert Bauval's reaction to the counter proposal was "No!. We stick to our agreement" (24.08.98), but he changed his mind after a meeting with Random House executives. The revised agreement, that many of the other authors signed, was as follows:

1. Mr Appleby agrees that he has incorporated unlicensed elements of the authors original creative work in the Book (HoG) and apologises for this.

2. Mr Appleby undertakes not to republish the Book in its originally published form. However, should the book be republished in a different form, then Mr Appleby undertakes not to use the title "Hall of the Gods" and to abide by the items 4 & 5 below.

3. Mr Appleby undertakes to destroy any copies of the book that may have come into his possession in excess of his complimentary copies already received from the publishers.

4. If Mr Appleby wishes to use any material from the authors published works at any future time he undertakes that there will be no plagiarism, breach of copyrights or misrepresentation.

N.B.
Point 4 may appear to be watertight, but it is not. Mr Appleby claimed to have had exactly the same ideas as myself, and, amazing as it may seem, there is no copyright on ideas. If an author wishes to have exactly the same ideas as in another work, even in its entirety, but use a completely different word-format and layout, a lawyer will find it very difficult to do anything about it in the courts. Thus if a book is rewritten to exclude the plagiarism (the exact copying of sentences, paragraphs and diagrams), then it is largely immune from prosecution for copyright in either the criminal or civil courts.

5. If Mr Appleby wishes to use any material from the author's published works at any future time he undertakes that he will approach the author in writing and will not use such material until he receives approval in writing.

N.B.
As above. Nobody has to approach another author for permission if he or she has 'had the same ideas independently'.

6. In consideration for Mr Appleby's undertaking, the author (Ralph Ellis) agrees that he will not bring any legal action or to take any other action whatsoever against Mr Appleby in relation to the contents and publication of the Book (HoG).

7. Each party shall bear its own legal costs in this matter.

Apart from section 6, I would personally say that this agreement had all the restrictive capabilities of a colander, and my solicitor (also Robert Bauval's at the time) agreed. Are there any copyright lawyers out there that wish to comment on this contract's legal prowess? Would it stop publication of a 'look-alike' book? Would it be "undiplomatic and ungrateful" to be suspicious of such a document and wish to seek legal legal advice prior to signing?

I think by now, the intricately complex and deceptive politics that underlie this bizarre publishing episode are becoming ever more clear to those readers who have closely followed this heated debate. That so many people should risk so much over so little is quite amazing, but the surprise is tempered by the fact that history is littered with the empty husks of self-important buffoons who though they could 'get away with it'. In the final analysis, one can only try and forgive the more unfortunate souls in our society, but it is also our duty to remind others that we all await the Weighing of the Heart at the end of the day. Where does your fate lie Robert? To be among the stars in the nether world or inside the jaws of the hippo?

Statement by Ralph Ellis,
For Edfu Books,
holding company director;
Kenilworth International Ltd.

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