Have IH let their E-Cat License lapse by inaction?

Dewey... ur losing it.
Maybe this is a good time to stop for today?

Quote from Rends

Dewey Weaver wrote:
The facts, truth and law are going to put an end to it all in due time

Probably, eventually. I'm told by a lawyer that the process of the suit could take several years, and that we may not see much of what is going on, it will take place through private discovery (testimony under oath and provision of evidence, available to the parties but not the public.) And, then, if they settle, we may never know what actually happened. However, from what we have, what happened in round outlines, outwardly, seems quite visible to me. As to underlying reality, that's another issue.

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Thx, understand! But what I do not understand is why Rossi filled this lawsuit, that would break his neck if you are right? It is not against your statement, or that I do not believe you, is more a general question of understanding, because it simply does not make any sense to go to court to get yourself unmask as an impostor, that would be schizophrenic!

Yes, it would, wouldn't it, or a sign of some major delusion or compulsion.

The problem I see, and it's common, is the use of "he would have to be insane" as if it proves the contrary of something. People can be insane. People can be quite insane and appear sane to some or even to everyone. We normally assume sanity for good reasons. Most people, by definition, will follow what is "normal."

I encourage people to read An Impossible Invention. Rossi is not what I'd call sober, non-reactive, detached. He's hot, reactive, and that can become, easily, a form of insanity where we believe things that aren't so. Core would be paranoia, ready and easy suspicion that people are out to screw one over. This may alternate with enthusiastic optimism, in which state the person may not take ordinary and reasonable precautions, like going over an Agreement for $100 million carefully with a competent lawyer and listening to the advice. Borderlines, as an example, can do that. And they can seem absolutely wonderful! Until they flip.

The whole sequence that has appeared seems largely explainable to me by this: Rossi decided he could not trust IH. It may have happened when they questioned evidence, or wanted more advanced testing. Before Rossi cut off connection with people who did that. So, once he did not trust them, he did not then make sure that the IP had been fully transferred, and at that point, he'd have backed out of the Agreement if he could. (There is a report that he offered to return the $10 million and cancel the Agreement.)

The alternate hypothesis is that he's a total fraud and knows it. But this hypothesis then runs into the "he'd have to be insane" argument. He might still be a total fraud, but might not know it! That gets more fragile as an idea, though. The self-deception gets much more complicated. Still, I've seen very complex self-deception. On the other hand, I would not call it "total fraud." Fraud requires criminal intention, and someone who is insane may not be able to recognize the criminal nature of what they are doing. It gets complicated.

But what we can see here, as very likely: IH was not able to demonstrate the effect with devices of their own manufacture. To reject this is to assume lying on their part that would be very likely to be exposed at trial. And that gets very, very unlikely, because it requires not just one person to be deluded and fraudulent, but a whole conspiracy. Collective delusion can exist, but at trial, this would all be teased into pieces, individual facts, specific testimonies, with the process being designed to penetrate the fog, even if one party -- or both -- is running a fog machine.

Quote from quizzical

Your response is pathetic and insulting, and indicates to me again why I don't think that you are helping IH's case by your public comments here.

This is classic Planet Rossi thinking, believing that what is on blogs and internet fora is actually important. Whatever Dewey writes here is not to "help IH's case" because practically nothing here is relevant in the real case, taking place in a court of law. IH is not on trial here. The officers likely don't give a fig about what is said here and what anonymous or even known writers think. There is one way, though, that he could be helping IH's case. Rossi reads this stuff or others take it to him, and he reacts and responds, and that provides possible ammunition for them to use, possibly to impeach his testimony when it comes to that.

Rossi has said he cannot reveal the ERV report because his attorney has told him not to. Has he asked his attorney about making all the comments he makes publically about the history and the case? I cannot fathom that an attorney worth anything would not tell him, immediately, STFU.

Dewey has some level of inside information, we don't know how much. But IH is not responsible for what he writes. He is not a party to the suit. He has an interest in it, as an investor in IH, but being an investor does not give him control and we don't know what limitations exist on what he writes. We do know that there are things he will not reveal, possibly because he has an NDA. If he makes a mistake and violates the NDA, though, that would be between him and IH.

If the judge orders the parties to stop commenting on the case, this would not necessarily affect him, unless he was named. Frankly, I don't think the judge would bother. This is fluff, legally. What is real is happening in court, with the Motion to Dismiss and now Rossi's Memorandum of points of law, which IH apparently has a week to rebut.

An attorney pointed out to me the doctrine of estoppel, which is crucial to the Rossi position on the central Count 1. He had not yet seen the Memorandum, was estoppel mentioned in it? I'd noticed it and told him so (Yes). Then he asked if Rossi had asked for leave to amend the complaint. No, not that I've seen. Nothing is absolute in the law, but .... I don't see that the Rossi lawyer is adequately defending what is necessary to the core of the complaint. It's going to be interesting, for sure.

(The Memorandum is much better written than the Complaint was, by the way.)

Quote from Peter Gluck

Because it is a proper moment for a serious discussion with you, I will ask you- actually what do you want, what is your aim? What I see is that you are shooting from all positions, with all your mental munitions in anything Rossi or pro-Rossi- why? What do you hope? Everybody wil hate Rossi and adore IH?

it's a reasonable question.
The masses will revolt and demonstrate before the Court when the Trial takes place"IH right, Rossi wrong"[/quote]Naw. Dewey is just angry, not crazy.

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For three long years including one year of Test Rossi and IH were partners (angels are not allowed to do busineess with devils!"

Peter, read some of the other comments here. There are possible explanations for all of what happened that don't involve angels or devils, but possible some quite smart business people who do want to support the energy future of humanity. The truth, though, underneath all this, can be elusive, and those who think it isn't are often those who have no faculty for clear thinking.

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Ok, if you have time and literary talent to waste- but please let us know- WHAT DO YOU WISH< DE FACTO?

I see you are two cclasses better than Jed in disputes, I admire your spontaneity reaction speed- but your strategy is a puzzle
You do not seem a simple sadistic bully enjoying scandal a soccere team supporter.
PLEASE EXPLAIN, I AM TRYING TO LEARN and cannot do all the stupid things by myself.

Good start, Peter (without agreeing on points, necessarily, just looking at the step taken). Now, listen carefully!

Quote from frankwtu

Get your Mom to read item 18 in the court docket to you, RESPONSE in Opposition re17 MOTION TO DISMISS1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Leonardo Corporation, Andrea Rossi. Replies due by 6/27/2016. (Annesser, John)

I'm reading it, actually studying it. First reading, one impression. Second reading, very different, third reading, .... this goes on for me until the thing is thoroughly understood.

If you can get your Mom to read this, what, is she a lawyer? This is by lawyers for lawyers. Though I'm not a lawyer, I did end up in court a few times, and made a point to study common law, and even wrote eventually some stuff actually used in court. Successfully. And I have to read this stuff very carefully and sometimes check the cases cited. And when I re-read, all kinds of things become visible that I did not notice on first reading. A half-way decent lawyer can come up with arguments that will convince nearly anyone. If they are ignorant and incautious.

Now, I'm 72, is this a problem with attention deficit? Perhaps. However, I see people possibly much younger than I who fall into exactly the same knee-jerk interpretive traps. You can keep doing that if you want, but your life isn't going to work very well, and you will be wasting your time on internet fora where nothing is accomplished.

I'm here mostly because Dewey is revealing information about the case that has made it far more understandable. I do not take what Dewey writes as fact. I take it as his testimony, for which he is personally reponsible. It could not be presented in court. It's all hearsay. But ... he has no observable benefit from lying (because even if everyone here completely believed him, it would not help IH or actually harm Rossi). He'd have to be crazy. Etc. And I've actually met the guy, he's a real person. Here, he is learning to run flame wars. He might get his ass banned. (and his response would be, my guess, So What?) But it's the most valuable stuff here. Not every post, for sure, most are, in fact, fluff. But then there are posts of high value. For example, he reveals exact materials used in the Lugano reactor, which IH made. Is he lying? Well, if he is, it's all likely to come out. I don't think so. He has revealed events, history, that, if established as fact by testimony in the trial -- and they are the kind of facts that could be so established -- Rossi's case is essentially demolished.

The damage to Rossi's reputation is already done. Dewey is beating a dead horse, in that respect. What did it was the lawsuit, scientists appear to have taken a look at this, at the Complaint and all support for Rossi vanished immediately. (there may be hold-outs here and there, the community is diverse, but it was a sea change.)

Quote from Shane D.

Looking at the situation after this MTD response, I think your cockiness may be a bit premature? This no longer looks like a cake walk...speaking of cakes. On the bright side, looks as if IH will have to bring out the heavy guns, and we may finally get to see that ERV report.

Shane is learning, it appears. However, remember, Dewey is not IH. Just before your response was an explanation of what he is about, and it all rings true. None of it is implausible, that I've seen yet.

Motions to Dismiss are very difficult. This one was made more possible to succeed by errors and omissions in the Complaint. I have, so far, only studied Count 1, with a brief glance at some other sections. An MtD is never a 'cake walk," because of reasons that Rossi's attorney covers, naturally. However, that coverage appears to be somewhat misleading. So ... not a cake walk, but if the MtD succeeds, the case is dead. It's well worth that effort. And delay works in IH"s favor, as I see the situation. As to the case itself, I see very little possibility that Rossi is going to get what he's asking for.

We are not necessarily going to see the ERV report. People seem to imagine that "everything will come out." Maybe. it's a possiblity, but ... information that is confidential will not necessarily be revealed in public! I am told that most of the information will be developed in depositions and possibly in interrogatories, and these do not necessarily become public record.

This is what is established on the face, already. A major investor trusted Rossi with $11.5 million, based on public evidence available in 2012, private representations, and then the Verification test. Four years later, Rossi sues the investor. He has not returned the $11.5 million. The investor is obviously not satisfied. Rossi is not only going after IH, but the individual officers. Now, here you are, a possible investor in the Rossi technology. How would all this land with you? Would it make you more, or less confident? Now, suppose that Rossi prevails, and IH is essentially bankrupted. As a possible investor, again, how would this land with you?

Now suppose that Rossi prevails on one of his weakest claims, that Cherokee is on the hook, and Cherokee is not likely to be bankrupted because of an $89 million payout (but this would go all the way up to the U.S. Supreme Court, I'd bet, if the lower court allows this). Suppose you are involved with a large corporation or organization, but, to protect that large organization, you would make an agreement with Rossi through a holding company, to limit liability. And you just saw that this protection failed.

Let me put it this way. No large organization would allow anyone connected with them to deal with Rossi, ever again. He'd be a pariah. Yes, if he can get sufficient private backing, he might survive. Except that he'd have large and powerful interests arrayed against him. And remember Petroldragon. You can be right as rain, but poking bears is a very bad idea. Don Quixote gets whacked by the mill blades, which don't care how right he is, how noble, in fact they don't care about anything.

Dewey is right. Rossi is risking everything and could easily end up in prison. Even if he has a real technology. Maybe even because of it (i.e., there are probably large interests that don't want LENR to succeed. By his actions, Rossi has given them cover for attacking him.)

I'd say that unless Rossi backs down and settles with IH, he is screwed. That is not a threat, and I have nothing to gain from this. It is simply an assessment. The court will be pushing them to settle.

If your hero does something really stupid, do you continue cheering? On Planet Rossi, apparently you do. Heroes with a community like that behind them often fail, miserably and disastrously. "How could I fail when so many people were cheering?"

Sometimes your friends are your worst enemies.