Display MoreAbd Ul-Rahman Lomax wrote:
"Actual consent" means, first, as required by the second amendment, getting a written consent. That can be replaced by defact acceptance, but that requires some attention to detail, because accepting something that resembles the GPT in some ways might not be accepting a GPT, which is a formal test with formal requirements and formal outcome.
It looked like that from the claims in the Complaint. What has become visible now is that the evidence which would show consent was missing. Rather, Rossi labels the Florida installation as the GPT, now, in the lawsuit, but did not do so when proposing it, and instead presented a different purposes.
The crucial document would probably be the Penon test protocol. How was that presented and what was the actual IH response? Accepting a test procedure is not necessarily accepting the GPT, and the conditions in Florida were radically inappropriate for the GPT.
The contemplated GPT was at the IH facility in Raleigh, fully under IH control. Rossi was not necessarily allowed to witness it. Read the Agreement carefully! (I would want him to not be present for a GPT, it raises obvious possible problems. And I would not have accepted Penon as the ERV again. Again, too many eggs in one basket. But this is what Rossi wanted. *He never wanted independent testing,* he hated it.
The Second Agreement required written approval of all parties. I suspect that Rossi used this to refuse a GPT in Raleigh. My sense is that the reactor wasn't ready, at all, they could not get individual units working, much less the whole thing. But we only have sketchy information at this point. What we know is that IH is claiming they never saw any excess heat in any independent tests. They didn't need to run a megawatt to test individual reactors. They could do very simple calorimetry without steam generation.
[quote]And you seem to be more enthralled with getting IH off the hook in a weasel-sort-of-way than you are in knowing whether a LENR+ solution exists for the world.
IHFM seems to think that IH is on trial here. "On the hook." What hook? My interest is, in fact, in LENR, but the topic here is the lawsuit, explicitly. For LENR, we needed to know since 2011 if Rossi's claims were showing real and substantial LENR heat. We knew that NiH heat was possible, though not well-confirmed and not known to be reliable.
We now know that, by the preponderance of the evidence -- not proof! not yet! -- the Rossi effect was fraud. We will treat it that way. That's rebuttable. But it better be good! No more "Rossi says" and so it must be true. No more managed demonstrations considered as evidence for reality.
Planet Rossi will not completely go away. Consider https://en.wikipedia.org/wiki/John_Ernst_Worrell_Keely, and http://www.svpvril.com/JKMot2.html ... more than 100 years later.
There are still people who apparently believe that the world is flat and who present arguments that can snag the naive and igorant.
In order to be the energy future of humanity, cold fusion must move into the mainstream. That requires rigor, not claims. Yes, a commercial device would blow it open. I used to call that Plan A when it looked like the Rossi Effect had some basis and some approval from scientists. But the energy future of humanity is too large an issue to have all our eggs in one basket, and especially a basket held by an eccentric inventor at best, and possibly a fraud. So Plan B was to do what had been recommended by both U.S. Department of Energy reviews: basic research to address fundamental issues.
We do not yet know how to make commercially practical devices. What we do know is that LENR is real, from conclusive controlled experiment, multiply confirmed, not subject to the file-drawer effect.
So the first Plan B project I declared was to confirm the heat/helium ratio in the Fleischman-Pons Heat Effect with increased precision. There was originally opposition within the field, Measuring helium is expensive, and we didn't need to know, it was thought. (Most in the field accept that the ratio is 24 MeV/4He already). However, this is the most direct, conclusive evidence that FP heat is real and the reaction is nuclear in nature. And if it is not this, if this is somehow an artifact that bit multiple researchers and somehow tricked them into finding helium with experimental error of the deuterium conversion to helium value, increased precision, across multiple experiments and research groups should reveal that. This is work that genuine skeptics should welcome and support. And if the confirmations confirm with increased precision what is already confirmed by multiple groups, but with less precision, it is over. Cold fusion comes in out of the cold, and if it doesn't, well, that is when we fire up grass-roots and other organizations, if it's necessary. That would be when we'd be needing political skills and dedicated activism. That is when the funding for Cold Fusion Now should explode. Etc.
This is "crushing the tests," which is what Darden said they were doing in his Fortune interview last year. This is not allowing us to dwell in uncertainty and doubt -- and wishful thinking, by creating clarity and certainty.
Back to this "hook" idea. Here, what we think about the players has little real-world effect. There are some people who might need to know this or that, who will read this, and if they are intelligent, they will confirm everything and do their own research.
If IH is "on the hook," it is in the trial, not here. I can't change that. Nor can Planet Rossi get Rossi "off the hook" by proclaiming over and over that IH is a massive conspiracy to suppress Rossi technology. It will not help him at all, unless they decide to, say, crowd-source his defense fund. That would show actual commitment.
