Rossi-Blog Comment Discussion

Quote from Paradigmnoia

So much Rossi not playing with the bones of others...

He got to work with there Brains.

Quote from sam12

He got to work with there Brains.

Well, Rossi is working in a bit of a grey area...

http://www.dmlp.org/legal-guid…-name-or-likeness-another

http://www.dmlp.org/legal-guide/florida-right-publicity-law

Florida's statute protects against unauthorized commercial uses of an individual's name or likeness. Specifically, the statute provides that,

"No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without ... express written or oral consent."

Fla. Stat. Ann. § 540.08(1).

In Tyne v. Time Warner Entertainment Co., the Florida Supreme Court held that to find a violation of the right of publicity statute, the use must be for the defendant's benefit and done to promote a product or service, not merely for expressive purposes. See Tyne v. Time Warner Entm't Co., L.P., 901 So. 2d 802 (Fla. 2005); see also Almeida v. Amazon.com, Inc., 456 F.3d 1316 (11th Cir. 2006); Tyne v. Time Warner Entm't Co., L.P., 204 F. Supp. 2d 1338 (M.D. Fla. 2002); National Football League v. Alley, Inc., 624 F. Supp. 6 (S.D. Fla. 1983).

Simply using a person's likeness in connection with a commercial product or service does not violate the statute. Rather, the statute is designed to "prevent the unauthorized use of a name to directly promote the product or service of the publisher." Tyne v. Time Warner Entm't Co., L.P., 901 So.2d 802 (Fla. 2005); see also Loft v. Fuller, 408 So. 2d 619 (Fla. Dist. Ct. App. 1981). Inclusion in a product sold for profit is insufficient to constitute an unauthorized use under this statute, as there must be a demonstration the association of the name with the product is valuable and exploitative. See Valentine v. C.B.S., Inc., 698 F.2d 430 (11th Cir. 1983); Fuentes v. Mega Media Holdings, Inc., 721 F. Supp. 1255 (S.D. Fla. 2010); Tyne v. Time Warner Entm't Co., L.P., 901 So. 2d 802 (Fla. 2005); Loft v. Fuller, 408 So. 2d 619 (Fla. Dist. Ct. App. 1981). The publication or printing of a product for advertising purposes has been found sufficient to constitute a statutory violation, even when there was no distribution. Weinstein Design Group, Inc. v. Fielder, 884 So. 2d 990 (Fla. Dist. Ct. App. 2004).

Florida's statute also contains exceptions for news media and prior consent, including:

• news media including newspapers, magazines, books, broadcasts, news reports, or presentations having a legitimate public interest and the use is not for advertising purposes, and
• publications connected with the resale or other distribution of literary, musical, or artistic productions or other property where the person has consented to the use of their likeness with the initial sale or distribution.

Fla. Stat. Ann. § 540.08(4).

Florida has also recognized Section 47 of the Restatement (Third) of Unfair Competition, finding exceptions for uses including "news reporting, commentary, entertainment, works of fiction or nonfiction, or in advertising that is incidental to such uses." See Faulkner Press, L.L.C. v. Class Notes, L.L.C., 756 F. Supp. 2d 1352 (N.D. Fla. 2010); Lane v. MRA Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002); Tyne v. Time Warner Entm't Co., L.P., 204 F. Supp. 2d 1338 (M.D. Fla. 2002); Tyne v. Time Warner Entm't Co., L.P., 901 So. 2d 802 (Fla. 2005).

Rights of the Deceased

Florida provides that this right of publicity lasts for 40 years after the death of the individual, and is considered a freely transferable, licensable, descendible property right. The substance of the right is the same before and after death.

Any person, firm or corporation may be authorized in writing to license the commercial use of an individual's name or likeness. Fla. Stat. Ann. § 540.08(1). If no such entity is authorized in writing, then the right belongs to the individual's surviving spouse and children. Fla. Stat. Ann. § 540.08(1). An individual's spouse is determined by the domicile's law the time of the individual's death, regardless of the spouse's later remarriage. Children includes immediate offspring as well children legally adopted by the individual. Fla. Stat. Ann. § 540.08(6).

Paradigmnoia

I posted some of your information

about naming a product on Rossi Blog.

1. Sam March 27, 2019 at 5:51 PM

   Hello DR Rossi

   This is information about naming a product.

   I do not know if you are aware of what it

   says.

   http://www.dmlp.org/legal-guide/florida-right-publicity-law

   Regards

   Sam

2. Translate Andrea Rossi March 27, 2019 at 7:46 PM

   Sam:

   Yes, I am.

   Warm Regards,

   A.R.

Not sure if Rossi is still outside the US. If so, then of course it is an outstanding business performance, to remotely manufacture, deliver, install, wire and operate all the new ECat plants from his location abroad, in up to four countries so far...so we shall be ready to see "sooner or later" signs of Leonardo's business and who are those satisfied customers.

https://e-catworld.com/2019/03…-installed-and-operating/

Nice piece of AR fiction - if only it were true!

Quote from Adrian Ashfield

"Rossi: E-Cat Orders from Four Countries, Some Already Installed and Operating" ... with no evidence at all.

I cut out the surplus text

Adrian, thx. May I ask what is your evidence that you know better than we do? Because Rossi wrote so on his blog? Of course. If nobody can prove there is no customer, than there must be a customer. That is your logic. You would become the most awarded person here and everywhere else, if you can help to find out, who Rossi's customer is, provide pictures or independent 3rd party information (pictures, energy bills, delivery notes, an industrial certificate, testimonials etc.).

It seems that even die-hard-Rossi-hardliners on ECW starting to think about reality checks, and seed some kind of doubt, if all that what Rossi is claiming and writing, can be true...

Interesting to see the glossy ECat SK paint is peeling...

Vinney  Roland • 24 minutes ago

I would add, that as he has specified the minimum install capacity is 1 MW delivered as heat, and recently he commented that they prefer to install as multiple of the 20kw boxes as shown in January demo, does this mean the 1MW is composed of 50 of those 20kw E-cat SK (blue box) units.

Those units are mainly empty space, and can easily fit 10 x 20kw E-cats, which can also be operated by the one controller (per box).

Or is he making custom compact 1MW units comprising 50 x 20kw modules and 5 controllers in the one assembly, and one housing.

If its 50 seperate units, that means a lot of fittings in series, with lagging, which also means a high potential incidence of leaks, and heat loss to the surroundings. Reply Vinney  Vinney • 3 minutes ago

Also, I am having difficulty picturing how these 50 individual elements would work, heating an existing boiler.

We know each E-cat SK will have its own circuit (to exchange heat with the boiler) and this circuit will probably contain demineralized water.

This is a safety feature to not have boiler solution (whatever it might be) not come in contact with the E-cat.

This layout would require a lot of modifications to the existing boiler, or the E-cat modules serving an identical second boiler suitably modified.

Another seperate question, who pays for the second boiler or modifications to the existing boiler.

And a question for the steam engineers in this forum, how much would each of these two options cost.

Is there any chance commenters

can Tone down there personal

attacks this time around?

Quote from Adrian Ashfield

"Rossi: E-Cat Orders from Four Countries, Some Already Installed and Operating"

https://e-catworld.com/2019/03…-installed-and-operating/

Of course, the babblers know better, with no evidence at all.

Orders to stay out of four countries more likely

Kev

If it is Dewey you are talking about

I believe he got a warning from

the moderators about that type

of comment.

Lots of interesting comments from

Rossi blog.

1. Jim Rosenburg March 28, 2019 at 4:49 PM

   Dr Rossi,

   Questions from another follower:

   1- is your business partner handling engineering, fabrication, installation?

   2- are you using shipping containers for the installations?

   Jim Rosenburg

2. Andrea Rossi March 28, 2019 at 6:34 PM

   Jim Rosenburg:

   1- partly

   2- no

   Warm Regards,

   A.R.

3. toussaint francois March 28, 2019 at 12:12 PM

   Dear Andra Rossi

   One question please, this year will you deliver your products to France ?

   Warm Regards,

   Toussaint François

4. Andrea Rossi March 28, 2019 at 3:03 PM

   Toussaint Francois:

   Not yet,

   Warm Regards,

   A.R.

5. Sam March 28, 2019 at 2:07 PM

   Hello Dr Rossi

   I am wondering if my country Canada

   is one of the four with confirmed

   E-Cat-SK orders.

   Regards

   Sam

6. Andrea Rossi March 28, 2019 at 3:02 PM

   Sam:

   Not yet.

   Warm Regards,

   A.R.

7. Rod Walton March 28, 2019 at 2:29 PM

   See on Power Engineering March 26 2019

   Important start: Southern Co. Utility, Georgia Power and georgia Tech will build a 1.4 MW microgrid in midtown Atlanta.

   Rod Walton

8. Andrea Rossi March 28, 2019 at 3:01 PM

   Rod Walton:

   Thank you for the information,

   Warm Regards,

   A.R.

9. Greg Daigle March 28, 2019 at 11:58 AM

   I am sure when a client of yous will manifest there will be a strong interest in all the world.

   I think you should encourage them.

   Cheers

   Greg Daigle

10. Andrea Rossi March 28, 2019 at 12:00 PM

    Greg Daigle:

    I agree.

    Warm Regards,

    A.R.

11. Frank Acland March 28, 2019 at 10:40 AM

    Dear Andrea,

    So far, what is the lowest kW order from a single customer?

    Many thanks,

    Frank Acland

12. Andrea Rossi March 28, 2019 at 11:54 AM

    Frank Acland:

    1 MW.

    We are serving only industries.

    Warm Regards,

    A.R.

13. Gerard McEk March 28, 2019 at 3:35 AM

    Dear Andrea,

    Hearing you have delivered plants to customers is reason for a great compliment. You are probably the first company actually employing LENR as a commercial product on a large scale, congratulations!

    No doubt you are getting feedback of your plants. Some questions, if I may:

    1. Is the COP as expected?

    2. Can you give average operational figures of this COP?

    3. Are you happy with the automatically produced E-Cats SK?

    4. Are you still much involved in producing E-cats, or is your focus more on innovations like direct electricity production and E-Cat -jet/turbine combinations?

    5. Now you are actually producing, the numbers of employers must have risen. How many employees are now working for the Leonardo company?

    All the best!

    Thanks and and kind regards, Gerard

14. Andrea Rossi March 28, 2019 at 9:27 AM

    Gerard McEk:

    1- yes

    2- no

    3- yes

    4- both

    5- enough

    Warm Regards,

    A.R.

15. Sven B March 28, 2019 at 6:26 AM

    Dear Andrea Rossi,

    You already confirmed orders from four countries.

    1. Is Sweden one of them?

    2. If Yes, more than one order from Sweden?

    Sven B

16. Andrea Rossi March 28, 2019 at 9:24 AM

    Sven B:

    1- yes

    2- yes

    Warm Regards,

    A.R.