You can be from anywhere you want. You're still wrong.
NO, https://en.wikipedia.org/wiki/Intellectual_property theft of IP is a crime all around the globe!
Rossi vs. Darden developments [CASE CLOSED]
- barty
- Closed
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Roger - 100 meters of 6" steam pipe mounting has nothing to do with the building. It has everything to do with the mounting and hanging hardware - which does not and did not exist. No hint or remnant of any steam pipe mounting hardware anywhere. Do you think that it just ran on the floor, up to the 2nd floor wall, around the wooden 2nd floor then back down again just sitting on the concrete or framing? Yet another gauntlet to run and survive for the R'ster.
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Rends - if you pay for $10M for a paid up IP license and have an agreement to protect that IP then what you reference cannot be considered IP theft in any capacity. Your hole is deep enough - its time for you to stop.
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You can be from anywhere you want. You're still wrong.
No, I am completely right! -
NO, https://en.wikipedia.org/wiki/Intellectual_property is a crime all around the globe!It may be that language is at issue here. I had not realised that before posting my previous attempt, so I will try one more time, using simpler language.
Not all things that violate the law are crimes. Crimes are specifically offenses for which the state can punish you. There are other things that violate the law, but are not crimes. These are matters which are settled through the courts, when the injured person sues the person who caused the harm. They are private wrongs, not public wrongs.
Almost all violations of intellectual property rights are handled as private wrongs, not as crimes.
It is technically correct that there are some situations when an intellectual property violation could be a crime. However, these laws only cover some situtations. Even then, they are very rarely used. Almost always, an intellectual property violation is handled as a private wrong.
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Smith testified that it was not. Especially, the staircase could not have supported the materials being carried up it:
"The only access to the mezzanine is a rickety wooden stairs, which the attorneys made this author climb first (load test) before they would use it
They were most probably lifted to the upper level, not carried up on the staircase. -
Rends - if you pay for $10M for a paid up IP license and have an agreement to protect that IP
What does it matter, you steal without scruples a shitty technology that is worth trillions of dollar and then still play the victim theme... how sick are you? -
Roger - 100 meters of 6" steam pipe mounting has nothing to do with the building. It has everything to do with the mounting and hanging hardware - which does not and did not exist. No hint or remnant of any steam pipe mounting hardware anywhere. Do you think that it just ran on the floor, up to the 2nd floor wall, around the wooden 2nd floor then back down again just sitting on the concrete or framing? Yet another gauntlet to run and survive for the R'ster.
I don't know. I think you're grasping now. You lay the stupid pipes. You fit them together. Yeah, you've got to jump up to the mezzanine and back. Okay, so you have a vertical pipe that is coupled to one elbow near the bottom of the doorway, and another elbow on the floor of the first level, or whatever. For all we know, Rossi used Gorilla tape to secure to the walls. (And hey, if you've ever used Gorilla tape, you'll know that that stuff is amazing.) I don't know why everyone is making out these pipes to be like, the most impossible thing ever. Any lawn contractor guy could do this.
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Roger - 100 meters of 6" steam pipe mounting has nothing to do with the building.
Dewey Weaver : There is a photo of the heat-exchanger in the depot, may be you know where. It was placed inside the huge customer box. Upstairs only two large ventilators were in place (according to AR's words..). Did you notice that the hot air blown out through the upper level office window grilled the tree in front of it?
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There was no tree in the way. We have been over this.
Rossi and Wong claim the middle window was used. Wong photographed the middle window.
The middle window is to the left of the larger window above the front entrance.
It is visible in all photos, old and new. It is totally visible from the front entrance area.
The tree is in front of the far left window (looking at the front of the building).
No trees were harmed by hot air from Doral.
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Roger - 100 meters of 6" steam pipe mounting has nothing to do with the building. It has everything to do with the mounting and hanging hardware - which does not and did not exist. No hint or remnant of any steam pipe mounting hardware anywhere. Do you think that it just ran on the floor, up to the 2nd floor wall, around the wooden 2nd floor then back down again just sitting on the concrete or framing? Yet another gauntlet to run and survive for the R'ster.
Dewey,
I think JD has Rossi nailed with the mezzazine heat exchanger alone. Even in the "Rossi depo as JMP" (326), you could sense Pace's confidence grow, as Rossi stumbled about trying to explain why this part or that, was not visible in the photos. I could almost hear Pace thinking to himself that he had hit the mother load. One can only imagine what Rossi's lawyer was thinking. Anyways, that was 4 months ago, and no doubt JD has further honed their questions to expose Rossi's lying about the HE, for when they get him on the stand.
Of course Rossi will have worked on his response too, with the help of Annesser. But barring his getting someone else to support his story, I just do not see a way he can talk his way out of this one.
Also, as I understand it, if IH wins their countersuit, it means they proved that Rossi violated the FDUTPA -which is not a criminal offense. Is that correct? And if so, is IH prepared to press criminal charges against Rossi?
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They were most probably lifted to the upper level, not carried up on the staircase.
Smith discussed that possibility. It didn't happen. Read his testimony.
http://coldfusioncommunity.net…/01/0235.01_Exhibit_1.pdf
http://coldfusioncommunity.net…01/0235.10_Exhibit_10.pdf -
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Dewey,
I think JD has Rossi nailed with the mezzazine heat exchanger alone. Even in the "Rossi depo as JMP" (326), you could sense Pace's confidence grow, as Rossi stumbled about trying to explain why this part or that, was not visible in the photos. I could almost hear Pace thinking to himself that he had hit the mother load. One can only imagine what Rossi's lawyer was thinking. Anyways, that was 4 months ago, and no doubt JD has further honed their questions to expose Rossi's lying about the HE, for when they get him on the stand.
Of course Rossi will have worked on his response too, with the help of Annesser. But barring his getting someone else to support his story, I just do not see a way he can talk his way out of this one.
Also, as I understand it, if IH wins their countersuit, it means they proved that Rossi violated the FDUTPA -which is not a criminal offense. Is that correct? And if so, is IH prepared to press criminal charges against Rossi?
Shane,
After your comment (which I always review carefully because, you know, you tend to have good insights), I went back and read the give and take between Rossi and Pace on the heat exchanger. And to be honest, I think you are reading it with rose-colored IH glasses. The "confidence" that you attribute to attorney Pace comes across to me as condescension: he doesn't believe Rossi's story about Fred Zoepfl spurring the health care office of the State of Florida to come and inspect the warehouse.
For anyone who frequented the ecatnews.net site back in the day (when it was a functioning and accessible forum), you would know that Fred Zoepfl would be quite capable of doing something like that. Side by side, Fred Z. would make Dewey look like a friendly Teletubby. He was completely over the top. Rossi says the Florida agency took the photographs--and I believe him. Remember, this is the same agency inspector that testified that there was steam.
I think Pace thought Rossi was lying, and so became somewhat patronizing. I think Rossi was telling the truth. He played it cool, even inserting some levity:
326, pp. 191-192
Q. Draw some directional arrows so it shows
16 the direction the fluid is in that pipe. Okay.
17 Now, draw me the pipe that is bringing
18 the cooled fluid back and where it enters into the
19 container.
20 A. Could be interesting to have another
21 color of pen. Is that a red pen?
22 Q. No, but I can get you one.
23 A. If you give me another color it becomes
24 easier. Are you going to sell these drawings?
25 Q. I don't know. We'll make images of them
Page 192
1 and we'll see if we can sell them.
2 A. After this upgrading from scratch to
3 deposition exhibit they could become something to go
4 in auction in Sotheby's or something.
5 Q. Here we go. There is a red one.
6 A. So we have approximately ‐‐ this is a
7 scheme. It's not a design. We have the water.
8 As a matter of fact the hot should be red
9 and the cold should be ‐‐
10 Q. Yeah, but we're ‐‐
11 A. This is creative. This adds value under
12 a numismatic point of view. So the water reenters
13 and reenters in this position.
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Are you saying that in the approximately 600 feet of pipe need for the correct surface area of pipe was some how occupied only the area not covered by the photos?
Also the supply and return piping, control loops, control and block valves, supports, instrumentation, etc.
Thanks to Dewey Weaver 's post below for reminding me, you can add a steam expansion loop into the exchanger system.
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I concur Shane - I'm confident that JD knows what to do once the Heat Exchanger episode debuts in Miami next month. The visual is a ghost crab dropped on a flat tin roof at noon in Miami in August on a cloudless day.
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Pitiful and disgraceful Rends - you should resign as LF moderator.
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Two minute entries, docs. 330 and 331, added to the docket:
- PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Jury Trial held on 6/29/2017. Day 2. Mistrial declared after dismissing jurors. Total time in court: 15 minutes. Attorney Appearance(s): Francisco J Leon de la Barra, Rodolfo Nunez, Christopher Rebel Jude Pace, Erika Stephanie Handelson, Bernard P. Bell, Christopher Martin Lomax, John William Annesser, II, Brian W. Chaiken, Robert Andrew Bernstein, John Charles Lukacs, Court Reporter: Stephanie McCarn, 305-523-5518 / [email protected]. (cmz) (Entered: 06/30/2017)
- PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Jury Trial held on 6/30/2017. Day 3.. Total time in court: 4 hour(s) : 40 minutes. Attorney Appearance(s): Francisco J Leon de la Barra, Rodolfo Nunez, Christopher Rebel Jude Pace, Erika Stephanie Handelson, Christopher Martin Lomax, John William Annesser, II, Brian W. Chaiken, John Charles Lukacs, Court Reporter: Stephanie McCarn, 305-523-5518 / [email protected]. (cmz) (Entered: 06/30/2017)
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OG - how much do you figure 100 meters of 6" diameter steam pipe weighs?
6" sch 40 piping weighs about 19 1/2 ponds per foot. 6 inch short radius (the lightest) 180 degree elbows are 32 plus pounds each. I calculated that the piping in the exchanger alone would weigh over 15000 pounds.
IHFB: you severely underestimate how hard it is to maneuver 30+ feet of piping with an elbow that weighs about 700 pounds in an enclosed place. While I could work it with comealongs and 2 helpers. It would take forever even if it would make through the one ladder and doorway shown in the deposition.a
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IHFB,
Say what we will about Pace's demeanor in that depo; whether it be confidence, patronizing, condescension, or whatever...point is that Rossi dug a hole too deep to climb out of, and Pace realized that.
So did you think Rossi was being honest about the HE?
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Shane,
Yes, I do. The photos taken apparently had obstructions and did not cover everything. They were arguing over just a hand full of photos. The interesting thing is, they were pointing to things and saying: yes, that is where one pipe comes in, the other goes out, the bypass is outside of the container, etc. In other words, there were THINGS in the photos that were being discussed. Not invisible things, but things.
Now, having said that, I'm not 100% confident about the heat exchanger: who could be? I'm guessing we'll see more come out during trial. It would be nice, for example, to see pictures of the dismantled pipes. That would be something. It would be nice to ask everyone who ever entered the building to comment on whether they saw pipes going up into the mezzanine... I mean, nobody was even asked those questions besides Rossi (at least in the deposition record that we have so far).
On the stand, these questions should be asked. Also, did anybody notice fans blowing air out the front windows? Why was nobody asked that simple question? And if they were, neither side has opted to reveal that evidence to us yet. It all seems extremely strange. It is as if both sides are hiding balls, awaiting the ultimate battle in front of the jury.
