An IH-friendly reason for the claimed delay in finding a test site

  • Hank, they might have replicated, but not with high COP and with long term stability. Like Parkhomov for example. And they might therefore argue that Rossi has retained some essential info, even though Rossi claims he told them everything. The devil is in the details.


    This is an important question. The license agreement clearly states that any IP connected to the E-Cat, including any new IP that is developed, must be shared with IH. It is for the court to interpret the agreement, but I suspect that Rossi is not going to be happy with its resolution of this specific question.

  • Perhaps you're right (I have no idea), but if so that still doesn't remove the contractual condition that Rossi teach them everything (and provide any and all assistance) they need to produce the fuel and replicate his results.


    If mixing or preparing the fuel truly is an art-driven process that can only be manually performed by one person alone (Rossi), then the technology would probably be worthless from a commercial standpoint. I hope that's not the case!


    Rossi wants to produce a fuel mix that a robot can replicate a million times a month in a factory producing small 100 watt reactors that can be put together in a modular way based on function. This integrated industrialization of the reactor is inherent in the design of the reactor similar to the way a commuter chip is engineered. The fuel might be mixed through vapor disposition. Rossi's design is complete when product is on the market.

  • Reading how the 89M is paid to Rossiu has nothing to do with IP. Final payment is strictly based on a positive ERV report. IMHO, I.H. cannot holdback payment because they are not satisfied with the distribution of IP. That was decided with the 10M payment.


    Any IP issues are red herrings with regards to the final payment $89M based on the letter of the licence agreement.


    This assumes that the contract does not stand or fall as one thing. If any party violates an important provision of the contract, the court may decide that the entire thing is void, interpreted in a way that does not prevent Rossi from going on to make money from some other venture. (I'm just speculating, here.)

  • One question I have about the actions of IH in this connection is that there was language in the license agreement around non-competition. It is hard to see how IH's funding of Brillouin and Miley would be compatible with this language, even if there was no transfer of Rossi's IP.


    Reading the contract it appears that the non-compete language (section 13.3) only expressly prevents Rossi/Leonardo from competing with IH, not the other way around unless IH has breached the contract. I think the section 1 says IH can also sublicense to anyone they see fit, so likely covered by that as well.

  • I don't understand this. If IH owns the plant, they own the fuel in both the spent and unspent backup reactors. They also own right to all the electronics. There must be ways to reverse engineer things from a working plant they own. This smells bad. I have hard time believing Rossi here. I was optimistic about this tech but this makes no sense. One can't discount fraud on Rossi's part

  • This assumes that the contract does not stand or fall as one thing. If any party violates an important provision of the contract, the court may decide that the entire thing is void, interpreted in a way that does not prevent Rossi from going on to make money from some other venture. (I'm just speculating, here.)


    I believe there are more options for the court than just declaring the entire thing void. They could award damages on one side or the other, or even compel either or both of the parties to perform their contractual duties as originally agreed. This would make it really risky for another party to try to purchase a license from Rossi while the litigation is ongoing, as they could end up losing it and any investment they make to enable themselves to produce or sell the product.

  • Reading the contract it appears that the non-compete language (section 13.3) only expressly prevents Rossi/Leonardo from competing with IH, not the other way around unless IH has breached the contract. I think the section 1 says IH can also sublicense to anyone they see fit, so likely covered by that as well.


    Thank you—I read section 13.3 incorrectly. I glossed over the last clause, which talks about IH not working with a competitor of Rossi/Leonardo for two years, and see now that that's in the event of a termination of the agreement due to a breach by IH.

    • Official Post

    I don't understand this. If IH owns the plant, they own the fuel in both the spent and unspent backup reactors. They also own right to all the electronics. There must be ways to reverse engineer things from a working plant they own. This smells bad. …


    They could do that, yes.
    But why, if you have an agreement to simply get the information from the inventor?


    I also heard a speculation that Rossi took the fuel charges with him as he left the plant at the end of the test. [just a speculation!! but as paranoid as Rossi is, this seems to be possible]

  • This unfolding drama is the perfect storm in an electric water heater.
    It is all about the money and zero about the physics; it is absent.

  • Quote

    But why would the money be chasing a non existent water heater fraudulent scam?


    Sigh. Frank I realise that you mean well here but I'd like to look more closely at this argument, which i hear a lot and thought had been answered many times.


    (1) Suppose a scientist has a device that he claims does something, but due to consistent bad measurements in fact it does not. Is he a scammer if people give him money to develop his device? Only if he did not himself believe the measurements. We know that it is very common for inventors to have irrational positive views about the merits of their own inventions which does not make them scammers.


    Rossi may be a scammer - he has lied in the past about his stuff working - on the record in patents and e-mails to possible investors - or he may in spite of those lies be genuinely convinced that his stuff does work.


    (2) why might an electric water heater scam be funded?
    Because those providing the funds thought it was possibly not a scam. In this case for such large rewards and relatively small funds IH do not need to be sure Rossi is correct - they just need to reckon there is a decent chance he has something. In that case not to fund it to find out would be almost criminal. IH also do not need to care whether Rossi is a scammer or a deluded inventor. They care about whether it can be made to work, or not. Bringing accusations of scam is no help to them, which is why by the way inventors with non-working inventions are very seldom convicted of fraud. Rightly too.

  • they just need to reckon there is a decent chance he has something


    So if you believe, when they are looking through the Astroturf, there may be a few blades of 'real' grass, then that's a legitimate
    reason. Even though the Astroturf lie is obvious to everyone else.


    Who owns the LENR Astroturf anyway, Rossi, IH, Skeptics, Woodford,
    big oil?


    http://rationalwiki.org/wiki/Astroturf


    For a few blades of real grass I like me356: Reactor parameters
    Well it looks like 'real grass' to me, and amazingly has similarities to what Rossi seems to be doing.


    Best regards
    Frank

  • Quote

    So if you believe, when they are looking through the Astroturf, there may be a few blades of 'real' grass, then that's a legitimatereason. Even though the Astroturf lie is obvious to everyone else.


    Its the other way around. It is either astroturf or grass. They have reports from 7 tests saying it is grass, but it still looks a bit astroturfish. The value, if it is grass, is enormous, so they will pay to sit on it and find out.

  • Thomas


    If its Astroturf (i.e. a big deception for ulterior motives) then almost certainly there will be grass underneath the deception, so either way its got to be grass (i.e. the LENR phenomena is a real artefact!) I grant you it may not be marketable or safe ..... yet!


    Best regards
    Frank

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