Industrial Heat's James A. Bass: President of Reactance Engineering Inc and Engineer for JM Products

  • Re the comments above.


    We all know who MY appears to be and members can of course allude to this identity as much as they like in other fora. However, for the sake of politesse I would ask that sideways inferences as to MY's identity and alleged 'real' gender be kept out of threads this place. They add very little glory to anyone and precious little to the discussion. While MY is a pain, I don't think there is any reason to depart from the standards of politesse we might extend to such a translated persona in real life.

  • Re the comments above.


    We all know who MY appears to be and members can of course allude to this identity as much as they like in other fora. However, for the sake of politesse I would ask that sideways inferences as to MY's identity and alleged 'real' gender be kept out of threads this place. They add very little glory to anyone and precious little to the discussion. While MY is a pain, I don't think there is any reason to depart from the standards of politesse we might extend to such a translated persona in real life.


    That's one side. There is another.


    MY is a pseudoskeptical troll who deliberately offends, both participants and others. The Forum badly needs a threaded comment facility (i.e., with hypertext or at least comments on comments that can be hidden or that, at least, don't take up all the space that a comment fills here. Most fora have this. The problem allows a kind of "equal participation" conversation, but is terrible for organizing data and keeping secondary effects from overwhelming the primary purpose of a thread.


    The moderator comment above also refers to what is allegedly unmentionable. If I read that without knowing the situation, I would immediately search for this unmentionable. On Wikipedia, "outing" is not to be addressed by public comments on noticeboards requesting action, because it totally will defeat the purpose, rather there is a mailing list to use, or individual emails to administrators.


    Because accusations of lying in the past are leveled by MY, as being relevant, in my world that legitimates bringing it up about MY, who is deceptive with every post. Suppose I were to add to my user name, "PhD." It woujld be proper for people to point out that I don't have that degree -- or any degree, for that matter, other than a degree of outrageousness, perhaps.


    I see registrations on coldfusioncommunity.net that are clearly fake names and fake email addresses. I delete them on sight. MY has been allowed as a subscriber to newvortex, and there were even some decent conversations there, but MY attracts others who have been outraged by MY's behavior. I had to put one on moderation and he was so offended that he immediately unsubscribed. Gee, all he had to do was be a little patient! He wasn't blocked or banned....


    MY's behavior affects discussion of LENR in many fora; the FT comments were shut down because of MY. This is relevant to LENR, though not to Bass.

  • K - I met Abd at ICCF18 and ended up sitting beside him by chance on the bus ride over to tour the Mizzou research reactor. He is interesting, smart, hard-working, honest and curious. As do many others, he wants to see LENR become a useful tool for our planet in his lifetime.
    While he can be wordy at times, I think that he is doing an amazing service for the community by interpreting LENR events and developments. He might have missed his calling in the legal profession as his analytical skills there, based on published court docs, are exceptional.


    The next several months promise to be very interesting across the board - I don't think that Abd will not be bored or boring.


    - Dewey

  • K - I met Abd at ICCF18 and ended up sitting beside him by chance on the bus ride over to tour the Mizzou research reactor. He is interesting, smart, hard-working, honest and curious. As do many others, he wants to see LENR become a useful tool for our planet in his lifetime.
    While he can be wordy at times, I think that he is doing an amazing service for the community by interpreting LENR events and developments. He might have missed his calling in the legal profession as his analytical skills there, based on published court docs, are exceptional.


    Thanks, Dewey. My legendary wordiness is a result of how I learn: I learn by writing. I research and consider and my writing is my notes. And my friends help me by correcting errors. And, of course, those who disagree with either what I'm reporting or my conclusions will be especially careful to find errors! Real or otherwise.


    I can write polemic. I do it when I have moved from research to action. It is also useful to have an editor; mostly I don't.


    As to law and the legal profession, again, thanks. I've been told that often, and by lawyers. On the other hand, on the occasions when I have needed to be active in legal action, the research gave me migraine headaches.... I suppose I could handle that now, but ... other factors intervene. Summary: too soon old, too late smart. (If I was getting migraines, I was stressed, wanted some particular result too much.) However, there is still plenty to do!


    Quote

    The next several months promise to be very interesting across the board - I don't think that Abd will not be bored or boring.


    - Dewey

    I'm not sure where what "interesting" will be. Rossi will Answer, likely, within a week. Then about the most exciting thing in the case, I'd imagine, is that IH will whack the Rossi case with a big stick, it's easy to imagine how. But how interesting is it, shooting fish in a barrel? Frankly, the whole thing makes me sad. Even if the fish are bottom-feeders.


    Of course, Rossi might come up with a Wabbit, and by definition I can't really anticipate any Wabbit. Maybe some IH officer made some mistake in an email. The most I can imagine, though, is that the matter would then simply take longer to resolve (i.e., if Rossi has a possible case, even if not particularly plausible, it could require a trial for factual determination). The substance is obvious already.

  • IH may indeed have a big stick as you suggest. I would go so far as to say they might have a heavy stone club. But Andrea Rossi may have some bludgeoning tools of his own waiting to be utilized, despite how effective or ineffective they may be. Here are a few possible examples that might range in effectiveness from a limp egg noodle, to a switch taken from a tree in the back yard, to a Louisville slugger baseball bat.


    (NOT IN ORDER OF SIGNIFICANCE)


    - James A. Bass' employment contract detailing how he is responsible for the installation, implementation, and maintenance of real manufacturing equipment.
    - Documents showing purchases or receipt of such manufacturing equipment.
    - Documentation showing some relationship with Johnson Matthey, even if it is just a contractual supply agreement in which they receive product to be processed and returned.
    - Photography or videos of the manufacturing equipment proving more was behind the wall than simple radiators.
    - Logs from the other side of the wall showing more thermal power was received (at least on certain occasions) than would have been capable of being produced with zero excess heat from the plant.
    - Shipping manifests showing where the manufactured product was sent to along perhaps with signatures from the recipient.
    - Evidence from tests of E-Cat systems showing excess heat. For all we know, these could be third party tests that have never before been revealed. They may not prove a thing about the test in Doral, but could prove the concept that his technology can indeed work.


    Of course even if he pulled out all the above, I.H. could have an equal or perhaps greater array of objects to metaphorically (not literally) smack him with. All the above would not mean he would win the case against I.H. On the other hand, it would negate the worst accusations (even if he did lie and deceive on various occasions) and prove the reality of the E-Cat technology (not specifically that the overall numbers Penon provided were close to accurate). Even if Rossi comes out with only a few of the above or others that I did not mention, it could complicate the case. If nothing else, it might prevent Andrea Rossi from being locked away in prison the rest of his life.


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    Some things will never change including K'ster's preposterous, intentional and tormented ramblings. Along with its imaginary ability to heat itself, Planet Rossi has lost its sunlight - nuclear winter is bearing down on the remnant tribe.
    Cheers,
    Dewey


    For a nuclear winter to take place a nuclear device must be utilized which requires codes to be entered and keys turned. If Industrial Heat has such an awesome tool that could end this ongoing legal battle in one suddenly devastating strike, please use it! Don't delay, don't negotiate, don't wait for permission from the United Nations. Take action immediately and end the on going TORMENT.

  • The next few months will only be interesting if one side or the other actually takes the gloves off.


    I'm completely unclear what this means. Turning red in the face and making fists? Lawyers are generally collegial, it is as if it's a game (and it is, in some ways, a very old game with sometimes high social value). Looking at some of Annesser's pleadings, I got the strong sense of "outsider." Looking at his history, he's raw. He was not polite and collegial. Attacking the attorneys is a no-no, except where done very carefully. My sense was that he was not impressing the judge. Rossi started out by alleging fraud. What would you want to see, child molestation? IH is counterclaiming fraud. Again, what would you want to see claimed, stealing purses from old ladies?


    Johnson is in trouble, he could be disbarred, it's not impossible. Rossi might face criminal fraud charges. But for IH to try to make that happen would guarantee the loss of all their investment. As it is, they might get some money back, though, for sure, the net on Affair Rossi will be negative as to anything direct. Rossi almost certainly would not be able to reimburse them for everything.


    If Rossi could show Cherokee fraud, sure, he could make a lot of money. He could also make money selling shares in lunar real estate. More likely to make a profit on the latter.


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    When one side finally throws a solid punch, I'm sure the other side will as well. Then the fight will begin and the crowd can enjoy the barriers to TRUTH being broken away one right hook at a time. But for right now both sides seem to be delaying.


    We may see very little until trial, and it is likely, my opinion, that there will be no trial. Yes, if I'm mistaken about that, we will see a lot, but it is unclear that it will cover what some of us might want to see.


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    They have both claimed to have mountains of absolutely irrefutable damning evidence against the other, but we sure have not seen it yet from Industrial Heat or Andrea Rossi.


    Neither one has said what you just reported. Rossi has made some claims that are sort-of like that, but without the extreme superlatives.


    From rumor, largely through Dewey Weaver, IH has evidence they have not presented. It might be a surprise to us, if we see it, but (1) We won't see it unless it goes into a trial, probably, and (2) it will all be disclosed to Rossi or at least to his attorneys, and may already have been. What IH has already presented, assuming it cannot be impeached, is already enough to show probably fraud, and short of that, a complete failure to set up a GPT, hence no basis for the Rossi suit. This is basically all we will see from IH, I expect, for quite some time, unless there are some more discovery disputes, in which case we get to see more facts, as we did. But the parties could at any time request protection, and then we won't see it, only the court and the parties will, and sometimes only the court and the attorneys (with "attorney eyes only")


    The courts are not there to please the public with some spectacle. They are there to make decisions with equity and justice. They are deliberately insulated from screaming mobs.


    Quote

    I hope I'm surprised by the answer that is due from the third parties, Penon, Fulvio, and Bass.


    No answer is due from Penon because he hasn't been served, apparently. Yes, those Answers should be interesting, but I expect there may be another Motion to Dismiss from the 3rd party defendants, first. To give an idea on timing on this, the Rossi MTD on the countercomplaint was filed 9/29/2016. Pleadings were complete by 10/27. The judge ruled, dismissing the Motion, 11/16.2016. Judges might take longer than that. Then, unless an MTD is sustained, they will have a week to reply or maybe it is two, I forget. So, right now, an Answer is due from the third-party defendants, but that requirement might easily be, again, suspended.


    Quote

    In particular, I hope that Bass tells all about his job description, the work he performed, and the thermal power received on the other side of the wall.


    If he knows about that power. A description of what he did and did not do might well be a part of an Answer. Answers are not made under oath, there has been a lot of misunderstanding of this. They are like claims. It is in Discovery that what is said is under oath and lying becomes perjury. So whatever they say in the Answer, they will be asked about! You can get an idea by reading Rossi's interrogatories.


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    For better or worse, Fulvio and Penon seem to have strong loyalties to Andrea Rossi. James A. Bass might be the only individual with almost no loyalties, only took the job to find employment, and would be willing to clear his name not matter what impact it might have on Leonardo Corporation. I highly suspect that he could reveal that some quantity of a real chemical product was produced and shipped somewhere, negating the absolute worst of the accusations by I.H. (that Rossi lied from the start about a manufacturing process to trick them into moving the plant when in reality there was never any equipment whatsoever on the other side except a radiator).


    I have already laid out a scenario which negates the particular fraud alleged. Notice: if the purpose of the move was to allow Rossi to set up a faux GPT, even if there really was chemical manufacturing going on of some kind is not enough to dispel the possibility of some kind of fraud. It would merely indicate that the possible fraud was more complex. I agree that Bass may have an interesting story to tell, or it might be totally boring.


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    Then again, there is a small (very small in my opinion) chance that James A. Bass will admit he intentionally threw away his engineering career to take on the job of an actor to "pretend" to be a director of engineering when he actually performed zero work on any manufacturing process -- not for a single day.


    Watch out for only positing extremes.


    Quote

    He could reveal that Rossi lied from the start of the test because there was never any manufacturing equipment on the other side of the wall. Furthermore, he could admit to participating in the fraud by misrepresenting facts to Industrial Heat, various investors, and other visitors to the plant. I don't think this is anywhere close to the truth, but if it is what really happened it needs to come out!


    We do not know precisely what Bass told IH. Good chance, being paid by Johnson and Rossi, he repeated what he was told, perhaps thinking it fact. If he has good counsel (I hope he sees another attorney than Johnson's attorney!), he won't lie. Sensibly, he will not be in any rush to blurt out what he knows, his "explanations."


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    Unlike what Rossi's strongest adherents and Industrial Heat's supporters want to believe, the truth is probably somewhere in the middle.


    I don't expect to find "the truth" anywhere in our fantasies and explanations, least of all in the "middle." It is before and after, inside and outside, and covers every opposite.


    I suggest being careful when you say what others "want to believe." That's truly a fantasy, so often!

  • I have posted a few times in the past that I have began to expect to be disappointed with "all things Rossi".
    Boasted customers always secret, certifications not what is expected, tests are disappointing, etc. etc.


    I have this uneasy feeling about the court case as well! I see some here post that possibly in a few weeks we will have
    a "big reveal". That the court case will bring a close, one way or the other, to the "eCat saga". While this may be
    possible, I think not.


    What I am now starting to lean towards and I think at least compatible with Mr. Lomax's view is :


    The judge throws out the case and does so on almost no more information revealed from what we currently have.
    Mainly, Rossi's answer does not suffice for the case to proceed forward.


    With the case dismissed, as I have pondered before here, Rossi states on JONP "The court case must stop. I would have 800 thousand pages
    to read! It is stopping the R&D and production of the QuarkX. I must focus my attention to R&D and making production instead! Only the
    commercial sale of the eCat will convince the world!"


    He will continue as he does now and the existing believers will accept this without question. The existing doubters will point and continue
    to say "it is unlikely". The patho-skeptics will dance and have a field day...... nothing will have changed! :(


    Will Rossi continue to get funding? Probably not in a big way, but he has been going for quite some time. Unless IH wins back their
    initial investment, Rossi's 11 million dollars can keep him posting fuzzy blue photos of the QuarkX for quite some time!


    The big question then becomes does IH continue with the counter suit to "Crush the tests". Surely if they pursued
    the fraud charges and won the suit, that would indeed crush the eCat once and for all. ?(


    ... no, some would still believe....

  • Alan wrote:

    Quote

    and alleged 'real' gender be kept out of threads this place



    This is a post to the moderators Alan or any other modmin representing the LENR-FORUM. I will speak plainly, in regards to your request about MY. The name
    Mary naturally is feminine in history. And you (I think) have asked that we use the word she (well I took the request that way). Mary has stated several times that he is a he.


    So it is clear, is that what you are asking? If so I would like to know. And will
    respect it. But may I suggest that we ask Mary if he requests he or
    she?


    Too me the doxxing is simple it is ugly but not related to gender if that is your request. It is a separate issue. Please do not (please do not) point me to your "thats it". It is a real question based on conversations with the user. But it is your forum. I try to be unfailing polite here to users but just like clarity on this point.

  • I have posted a few times in the past that I have began to expect to be disappointed with "all things Rossi".
    Boasted customers always secret, certifications not what is expected, tests are disappointing, etc. etc.


    I have been reading what a Rossi believer posted on a forum in 2014 (because Peter Gluck just pointed to that discussion, where the same user was holding forth.) It's just amazing, how much was confidently accepted, to the point of calling others who contradicted it "liars," that flat out didn't happen or was just plain wrong.


    Quote

    I have this uneasy feeling about the court case as well! I see some here post that possibly in a few weeks we will have
    a "big reveal". That the court case will bring a close, one way or the other, to the "eCat saga". While this may be
    possible, I think not.


    What I am now starting to lean towards and I think at least compatible with Mr. Lomax's view is :


    The judge throws out the case and does so on almost no more information revealed from what we currently have.
    Mainly, Rossi's answer does not suffice for the case to proceed forward.


    Yes, it could happen. Except....


    Quote

    With the case dismissed, as I have pondered before here, Rossi states on JONP "The court case must stop. I would have 800 thousand pages
    to read! It is stopping the R&D and production of the QuarkX. I must focus my attention to R&D and making production instead! Only the
    commercial sale of the eCat will convince the world!"


    He can't just make the case stop, not unilaterally. He opened Pandora's Box. There is the counter-suit, and the counter-suit is based on a lot of evidence that seriously impeaches Rossi's behavior. This isn't twenty years ago in Italy, it's recent.


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    He will continue as he does now and the existing believers will accept this without question. The existing doubters will point and continue
    to say "it is unlikely". The patho-skeptics will dance and have a field day...... nothing will have changed!


    Something has changed. The facts that allowed many scientists to reserve judgment about Rossi evaporated. Yes, Planet Rossi would continue, but heavily damaged.


    As to the pathoskeptics, they are losing their grip, LENR is moving into the mainstream. I don't know what Industrial Heat would have done without Rossi, but ... the result of their taking such a risk has been overall positive. As I have stated before, Rossi was either an eccentric genius, crazy, or a fraud, or some combination. It was necessary to find out. Reality is always better than "what we want." That is a trust well worth developing, because it is empowering.


    Quote

    Will Rossi continue to get funding? Probably not in a big way, but he has been going for quite some time. Unless IH wins back their
    initial investment, Rossi's 11 million dollars can keep him posting fuzzy blue photos of the QuarkX for quite some time!


    IH may settle, I have no crystal ball on that. But they are going for a recovery of what they put in, possibly plus punitive damages. Rossi could end up bankrupt.


    Quote

    The big question then becomes does IH continue with the counter suit to "Crush the tests". Surely if they pursued
    the fraud charges and won the suit, that would indeed crush the eCat once and for all.


    That would not be "crushing the tests." It would be winning in court, something quite distinct. Pons and Fleischmann sued an Italian newspaper for libel, for calling them frauds or something like that. They were not frauds, but they lost the suit. So what did the suit prove?


    Rossi is not going to win this case, unless he comes up with something very much unexpected (and if he had this, why didn't he show it in his complaint? The core legal issue is the signed document required to set the date for the GPT, or an equivalent showing clear consent to a test that would trigger a payment of $89 million.)


    I should point out that it is not likely that IH has, as a motivation, "crushing the eCat." That is Peter Gluck's' fantasy, along with much of Planet Rossi.


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    ... no, some would still believe....


    Some will believe forever. There are still fans of the Keeley engine, more than 120 years after he died. However, what IH did was to demonstrate that Rossi's claims cannot be trusted, and even when they are observed by experts. What was needed was what everyone sane said was needed, independent testing, which Rossi would never allow. They figured out how to make that happen. They paid him what he asked, for the secret. And then made a lot of devices, apparently, and tested them. And they tell us their results: no excess heat. That's devastating, if anyone is paying attention.


    Here was an independent company, looking for real LENR and willing to pay. They put up a lot of money for the Rossi IP and his cooperation and then they put in even more. This is obvious unless you live in some very weird fantasy game: they wanted it to work, and they tried. And when it didn't work, instead of helping them to make it work -- which could surely have been done if the techology worked -- Rossi then tried an end-run around the problem, to extract more money from them.


    Game over, for anyone who studies the history and the case. As well, if any corporation is considering investing, they would surely notice that Rossi attempted to pierce the corporate veil, going after not only Industrial Heat, but the major officers, personally, and another company where Darden is the principal, which did not have an agreement with Rossi, all based on Rossi's recollection of what he was told four years ago -- and massively defective legally. What corporation or corporate officer would want to take the risk, seeing this, of entering into an agreement with Rossi?


    If one does, well, that's their problem. Due diligence, after all. Hydro Fusion is bankrupt, technically. To invest anything, they will have to raise it. From whom?

  • Self-Sustain presents a list of items


    [...] Here are a few possible examples that might range in effectiveness from a limp egg noodle, to a switch taken from a tree in the back yard, to a Louisville slugger baseball bat. [...]


    Perhaps I will sort them. Or not. They are all nowhere near strong enough to be called a Louisville slugger not even maybe a switch.


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    - James A. Bass' employment contract detailing how he is responsible for the installation, implementation, and maintenance of real manufacturing equipment.
    - Documents showing purchases or receipt of such manufacturing equipment.
    - Documentation showing some relationship with Johnson Matthey, even if it is just a contractual supply agreement in which they receive product to be processed and returned.
    - Photography or videos of the manufacturing equipment proving more was behind the wall than simple radiators.


    These would weaken the story that JMP was a total sham, but not kill it. All of that could easily have been created without there being any serious activity there. I have seen from Dewey that IH never did invoice JMP. If they hand, there would then be a money trail. There may still be a trail. Who paid the rent in Doral and other expenses, such as the security guard. Where did this money come from? IH attempted to subpoena records, and that was rejected, I assume because the normal way to proceed (in a civil case) would be with discovery. You *ask* for the records! (And they must be provided, or, then, there can be other court orders.
     

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    - Logs from the other side of the wall showing more thermal power was received (at least on certain occasions) than would have been capable of being produced with zero excess heat from the plant.


    Nowhere near enough to be legally significant. This is a common error among Rossi supporters, the idea that the issue is whether or not the plant produced LENR heat. To make this more clear, suppose the plant operated with a genuine COP of 1.1. Scientifically, that would be quite significant. But contractually, it would be meaningless. So then the question would be come how it happens that Penon measures much higher COP when it is only 1.1? A low result could easily be faked, by the way, that's another issue.


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    - Shipping manifests showing where the manufactured product was sent to along perhaps with signatures from the recipient.


    If that product required a certain known amount of heat, this could start to be important. However, that the Plant produced a megawatt, as claimed, is almost impossible, because of the heat dissipation problem.


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    - Evidence from tests of E-Cat systems showing excess heat. For all we know, these could be third party tests that have never before been revealed. They may not prove a thing about the test in Doral, but could prove the concept that his technology can indeed work.


    This is completely irrelevant! IH has not argued that the technology could not possibly work. Such evidence would only become relevant if that were a claim requiring contrary evidence to defeat it.


    The IH defense has layers. Each layer may take a miracle to overcome. A Wabbit.

    • No agreement to a GPT, therefore no GPT. Everything else in the Rossi claim, then, become moot.
    • Somehow Rossi establishes that there was agreement, so then, was the test conducted properly? And where is Penon? His testimony would likely be needed.
    • In the conduct of the Test, Rossi interfered with the ability of IH to monitor performance with its engineer.
    • Were conditions precedent satisfied? Rossi teaching IH to make devices that work was not stated as a condition for the $89 million payment, but it was obviously necessary. $89 million just to see a demonstration and then walk away makes no business sense, so the Agreement will be interpreted to require success in technology transfer. A court could easily decide that payment was Not Yet Due, because of this, hence, again, the Rossi case fails.

    ----


    And then there is the countersuit. The possible evidence described would tend to lend credence to the JMP story, but ... Rossi's behavior still shows deceptive intent, i.e., that the point of the Doral installation was not for a sale of power and demonstration for investors, as presented, but rather was to set up a payment when IH was not prepared to pay, where IH would be unable to pay because of no successful technology transfer. If everything that Johnson and Rossi told IH was true, reasonably shown by evidence, then, yes, Rossi can avoid the fraud claim. But he still might lose on the basis that Rossi refused to fully transfer the technology.

  • Abd...
    I will let you remain curious. I am a nobody. No I have not known you for 50 years and I have not been in prison.
    I didn't know you had 4 daughters. Good luck with the teenager.


    I try to know more than I write and listen for good information. Right now, just skimming until the Rossi reply comes out.
    Likely just hand waving with no real evidence to support his position.


    I found it interesting that MrSS mentioned JMP paying for heat , yet we know that IH never invoiced them and never
    said they sold any heat at all to JMP. That is a dead-end for Rossi.


    The only thing that could possibly save him is if he has unequivocal proof that IH formally approved a start date for the GPT.
    Even then he has an uphill battle for other issues. At least that is what I see in my magic 8 ball.


    My guess is that he will wake up from his dreams and liquidate any holdings and leave the country with no forwarding address.
    I know I could live comfortably with 11M in my pocket. I do think that LENR is real. I have seen it. I don't even doubt that you
    can get the effect with Ni and some effort. But I don't think that Rossi had what he claimed and definitely did not transfer it to
    others. The word greedy comes to mind.

  • Abd...
    I will let you remain curious. I am a nobody. No I have not known you for 50 years and I have not been in prison.
    I didn't know you had 4 daughters. Good luck with the teenager.


    "not ... 50 years" rules out Cal Tech. As to prison chaplaincy, it said "Dennis" on my state ID, but ... the inmates never saw that, I was Abd ul-Rahman. At that point, in most social contexts, I was using yet another name, and had since my early twenties. That name was occasionally used until not long ago. Sometimes old friends still call me that. My daughter -- the one that lives with me -- calls me "Dennis" when she's pissed. Otherwise it's just "Dad!"


    Actually, I have two teenage girls, though only one lives with me, the other lives across town with her mother. I've needed more than luck, I've needed to apply my training, fully. Summary: it worked. But thanks.


    Quote

    I try to know more than I write and listen for good information. Right now, just skimming until the Rossi reply comes out.
    Likely just hand waving with no real evidence to support his position.


    We'll see. Consider the IH Answer (3rd amended). It started out with a bang. The Answer is organized according to the Complaint. So, paragraph 1 and 2 of the Complaint:


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    l. ROSSI is the sole inventor of a revolutionary low energy nuclear reactor, popularly known as the "Energy Catalyzer' ot "E-Cat" (hereafter "E-Cat"), which through the use of a catalyst, generates a low energy nuclear reaction resulting in an exothermic release of energy at a cost well below more traditional energy sources. LEONARDO, a Florida corporation, is the sole owner of all of the intellectual property related to and underlying the E-Cat technology (hereafter "E-Cat IP").


    2. Defendants, THOMAS DARDEN ("DARDEN"), JOHN T. VAUGHN ("VAUGHN"), INDUSTRIAL HEAT, LLC ("IH"), IpH INTERNATIONAL, B.V. ("IpH") and CHEROKEE INVESTMENT PARTNERS, LLC ("CHEROKEE") have meticulously and systematically defrauded ROSSI and LEONARDO in an effort to misappropriate Plaintiffs' intellectual property rights in the E-Cat IP.


    IH answers:


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    1. Defendants deny that the energy catalyzer (“E-Cat”) technology “generates a low energy nuclear reaction resulting in an exothermic release of energy” along the lines claimed by Plaintiffs – which is that a reactor using the E-Cat technology produces more than 50 times the energy it consumes. Compl. ¶ 71. Such claims are not scientifically verifiable or reproducible. See e.g., U.S. Patent and Trademark Office (“USPTO”), “Non-Final Rejection,” dated January 11, 2016 as to Patent App. No. 12/736,193 (attached hereto as Exhibit 1); discussions of third party testing infra. In addition, the procedures and mechanisms which Plaintiffs have used in their experiments and testing of the E-Cat technology are flawed and unreliable in many respects. See e.g. id.; response to Paragraph 72 infra. Lastly, the E-Cat technology has never been independently validated by a scientifically reliable methodology to produce the energy levels Plaintiffs now claim, and has failed to produce any commercially viable product. Indeed, using the E-Cat technology Plaintiffs directly provided them, Industrial Heat and IPH have been unable to produce any measurable excess energy. Defendants deny the remaining allegations in Paragraph 1.


    2. Defendants deny the allegations in Paragraph 2.


    [... etc.]


    IH comes close to denying the scientific possibility, but not quite. When they wrote "not scientifically verifiable," they were using this narrowly, as to specific claims, and as a reasonable conclusion given their experience, not as a general rejection of LENR.


    For the purpose here, notice the provision of evidence. They can simply "deny" allegations. However, a bald denial may not have much weight against a Motion for Judgment, if positive evidence has been presented on the other side.


    Quote

    I found it interesting that MrSS mentioned JMP paying for heat , yet we know that IH never invoiced them and never
    said they sold any heat at all to JMP. That is a dead-end for Rossi.


    Well, it's more accurate that we don't know that JMP actually paid. Dewey has said that IH never invoiced. What is remarkable, then, is that Rossi claimed jurisdiction of the Florida U.S. District Court because of an alleged sale of power, and IH did not pursue a dismissal based on that not being so. Perhaps placing the Plant in Florida with an agreement for payment for power would be enough to establish jurisdiction.


    Quote

    The only thing that could possibly save him is if he has unequivocal proof that IH formally approved a start date for the GPT.


    You noticed. It is possible that approval could be informal, but this would require, my opinion, a clearly manifest intention to approve a GPT, as distinct from a sale of power, demonstration for investors, with Penon designing the power measurement and occasionally popping in to check on things, and with Rossi totally in operational control, including controlling access even against IH.


    Quote

    Even then he has an uphill battle for other issues. At least that is what I see in my magic 8 ball.


    Maybe you were just lucky.


    Quote

    My guess is that he will wake up from his dreams and liquidate any holdings and leave the country with no forwarding address.


    It could happen. However, he will probably not exactly disappear. Rather, he would go where he could not be extradited and where US court judgments could not be executed. And, assuming he was able to keep enough funds, and even if he doesn't, he would continue his research -- or his magic show, take your pick. He could maintain enough support for that. Maybe it will be time for Planet Rossi to actually support the man. (He has had supporters, he burned some of them, but there is a short collective memory. I was just noticing on a forum that Ampenergo was called one of his "shell corporations." Actually, Ampenergo is independent, apparently invested in Rossi and was the U.S. licensee before IH, and IH apparently paid them "millions." Ampenergo may actually have made a profit. And ... owns stock in IHHI, the parent company of IH.


    Quote

    I know I could live comfortably with 11M in my pocket.


    It wouldn't be that much, unless his investments have prospered. $1.5 million was for the Plant, and Rossi had substantial expenses. He claimed that the construction cost of a Plant is $200,000, but that would be an incremental cost for each additional plant, I'm sure. But, yes, he could be comfortable and continue with his hobby. Who knows, maybe he will hit pay dirt! Even if the probability is low, the payoff could be enormous.


    Quote

    I do think that LENR is real. I have seen it. I don't even doubt that you can get the effect with Ni and some effort.


    The accumulated evidence is quite strong, Bill Gates was not a ninny, nor was Darden, as to the field as a whole. Gates has apparently supported fundamental research, Darden took a different tack, I could call it "clearing the decks," and then IH has also moved into much more fundamental funding. The support of Kim has almost no short-term practical possibility, this is blue-sky, much more risky (in terms of generating ultimate value) than the Gates support, which is almost a slam-dunk. That is, there will be clear and scientifically useful results. Kim, maybe. He's been on the case of cold fusion theory for almost as long as Hagelstein, which IH has also supported.


    (Hagelstein has a successful prediction of a specific LENR result, resonance in the THz band, confirmed by Letts, and ... IH is also supporting Letts.)


    Quote

    But I don't think that Rossi had what he claimed and definitely did not transfer it to others. The word greedy comes to mind.

    It seems that way, but "insane" comes to my mind just as easily. The common factor to the two is obsession with personal power and control.

  • Abd-
    not sure about your Kim/Hagelstein timing. I seem to remember (correctly??) seeing Kim at the April 89 ACS meeting in Dallas when this first broke. I do not remember seeing Peter until the first ICCF (actually called then First Annual Conference on Cold Fusion) in 90.


    Both have been around and watching since virtually the public beginning.


    PS. I have always found it fascinating that the original F and P patent filing included the possibility of Ni.

  • Abd-
    not sure about your Kim/Hagelstein timing. I seem to remember (correctly??) seeing Kim at the April 89 ACS meeting in Dallas when this first broke. I do not remember seeing Peter until the first ICCF (actually called then First Annual Conference on Cold Fusion) in 90.


    I'm not attached to Peter being first, this was only a vague impression, and ... looking at publication dates on lenr-canr.org, wrong. I had first read Kim in a later theory paper, where he was a co-author (Chechen et al). But both Kim and Hagelstein were publishing in 1989. So IH has funded the longest-standing theoreticians, perhaps, which is an interesting factoid.

  • Dewey Weaver wrote:


    Since the private interests you work with control, directly or not, the bots operating here and elsewhere, I'm gonna have to ask for a much more unbiased source


    It is ironic that users who steadfastly refuse to reveal their real-life identities then accuse others who are open of being "bots." Nobody that I know of is "controlled" by "private interests" that Dewey "works with." Dewey is an investor in Industrial Heat, which I probably did not know when I met him at ICCF-18 in 2013, but the accusation certainly comes up, over and over, ad nauseum, without evidence. For "certainly," I first typed "cretinly." Freudian slip.


    Nobody has any obligation to provide a troll proof of anything, but it occurred to me to provide a little piece of evidence. I was very well-known on Wikipedia, being a named protagonist in two Arbitration Committee Cases (which, by the way, confirmed the position I was taking, but ... Wikipedia very commonly shoots the messenger, if the messenger blows the whistle. It's a corrupt organization, unfortunately, and an example of how such can arise in spite of major good intentions, if the structure is naive.)


    This is a comment by a Wikipedia administrator who was interested enough in what I was doing to invite me to a seminar he was giving in Boston. So I went. He was much more supportive after that meeting, because he could see the present reality. Face-to-face meetings are very different than "social media" pale imitation.


    My global WMF user name is Abd, and the only place where I am blocked is en.wikipedia.org. Even there, email works, it was not blocked. It's trivial to verify my identity. I was an administrator at en.wikiversity.org for quite some time and have been very active there at times.


    I have met, face-to-face, many of the major living figures in cold fusion, I attended a one-day seminar at SRI International in 2012, where I met Violante, Godes, and others. I visited Storms in Santa Fe, went to two MIT conferences organized by Mitchell Swartz -- there is a photo of me at one, and there are also photos of me put up by coldfusionnow from my attendance at ICCF-18 in 2013. I also have met, in person, many other figures in the field, and have spoken on the phone with more.


    Now, WTF is "Keieueue"?

  • I asked about deletions. Now I see them. We are not notified of these.


    First of all, Alan Smith posted something here that was very much off-thread-topic. [<-link]


    He later hacked up what came next in the thread. Next page, [<-link] 12 posts deleted.


    and Next page, [<-link] so far, 4 posts deleted.


    This is intolerable behavior for a moderator. He allows himself to talk about whatever he wants, off-topic (but relevant to the overall social context, perhaps) but deletes what others write.


    There is a problem with off-topic discussion on lenr-forum, but unpredictable and arbitrary deletion by a moderator who himself offends on this is not a solution.


    I believe that there are administrative options, much better, and have attempted to suggest them. Alan is obviously deaf and hostile to such.


    As a writer, who often writes ad-hoc, sometimes incorporating research, etc., deletion without notice is chilling, it is not tolerable. Deletion on ecatworld still leaves the posts in the author's contributions coverage. Deletion on WMF wikis is almost always with notice, and content is almost always recoverable on request. There is no excuse for this kind of censorship here. The lack of deletion notice now makes me realize that there might be much content being hacked up. How would we know? Is anyone watching?


    Accordingly, I am now boycotting lenr-forum.com until this is addressed, and I urge others to the same, vocally, please contact me if you are doing this. All sincere participants here are welcome on coldfusioncommunity.net, and anyone who cares and who decides to contribute here can post links to CFC, as AlainCo has been doing.


    The only administrator who has engaged in systematically abusive behavior, as far as anything I have seen, is Alan Smith. Alan could continue to make positive contributions here, including as a moderator, but without restraint, he's far too dangerous. I may discuss possibilities further on http://coldfusioncommunity.net.

  • What took you so long? I noticed those deletions this morning. Don't feel bad as I was one of those deleted, and have been smarting ever since. I am very sensitive afterall. And just because of "Something about Mary"...great movie by the way. :)


    Alan went on a binge last night apparently. Not sure why, as what I read, by forum standards, appeared pretty benign. It would not hurt for him to ease up a bit if you were to ask me. Moderating is a fine line moderators have to walk, and overall I think Alan has done that well, until last night.

  • Abd,


    You are soooo ooooo far off the line on this I ask you to reconsider. I would not reach out like this but this action has pulled your chain. Once I was scolded. When the forum was attacked using fake logins and either Chinese or some language I failed to recognize. He told me that I was making work for him and the forum. I was hurt but I got over it. He had a valid point.


    Besides if you leave the forum, you can not address the change you want. And much more importantly we loose your voice. Reconsider, lurk then come back when you are ready. As I said in the playground post (which I spent time posting to explain something). You can bitch there, not OT he is completely justified here.


    Regardless of what you or I or anyone else thinks. He warned us more than 3x (trice;) to NOT to be OT. Regardless of what he said, it is not the point. We continued to show disrespect.
    I do not even remember if you were in that food fight about usernames and gender. It does not matter.


    This place allows a lot of room to voice opinion. Is it perfect,? well if you leave you do not get the chance to call it out. Do it in the playground. I am not sure how anyone here expects to come to someone else's house, be reminded by the host to knock it off then get pissed off. It is their house, we are guests. This is not Wikipedia, it is one forum that has one human moderator that acts after a valid warning. Please reflect on this cool of and come back. You have amazing rationality, please use it in this instance.


    He has remarkable patience, regardless of what anyone thinks. He is as gently as possible moderating our posts. I would be the worse moderator you ever saw. There would be no sharing of ideas that violate the TOS. Absolutely no one comes into my house and tosses the thanksgivng turkey.

  • I personally think that Alan is a very good moderator. The truth is that LENR Forums is not and should not be -- as far as I'm concerned -- a extremely strict forum with precise rules and regulations. To be blunt, I don't think anyone here would want to volunteer to be a moderator if they were forced to follow pages of detailed procedures. I think having some basic rules and giving moderators a reasonable amount of discretion of how they should moderator is better for this forum. In my opinion, Alan Smith tolerates a lot and allows people to say more or less whatever they want as long as they are not doxxing, being outright disrespectful, or being disruptive to the forum.

  • The posts were deleted because of off topic content. Including some (asking for better behaviour) posts of my own, and some by other members including some which were insulting to the principal complainant, Abd. (about the deletions) Can't win them all. He is temporarily suspended for insulting comments. He may not be back.


    ETA. I see Abd's comments about hacking above. Offensive in itself if untrue which it is. Let me assure all members that posts are never edited in any way by me or other mods without the edit being noted by the mod clearly on the post in question.


    Incidentally I have majority management/admin support for my action.

  • @Abd


    You will be missed if you leave; and I can understand it is hurtful when posts are removed.


    Alan has a difficult job. He does not do it as I would, draws lines in different places, etc. But no line drawn will be liked by everyone and he is doing this job, I don't think he is distorting the topic by doing it: in this case the deletions were because off topic. Therefore I think we should all support him, regardless of whether we agree with details of what he does.

  • The posts were deleted because of off topic content.


    Why is that a problem? Who cares? Don't read off topic messages if you don't feel like it. If the messages were disruptive, personal attacks, or lies, or extreme technical stupidity I can understand why you might wish to delete them, but just being off-topic is no reason to delete them. Besides, can't you just re-assign them to another thread?


    Incidentally I have majority management/admin support for my action.


    Okay, they are pretty dumb too. This is a misguided policy. I will not leave in a huff, but I am not going to put effort into writing messages when you delete them for no good reason.