Rossi vs. Darden developments [CASE CLOSED]

Quote from Shane D.

Kevmo,

Not sure I am following your logic regarding the alleged offer. When it was first reported in the Mats Lewan article from last May 16 2016 I posted above, Dewey responded by posting that he had just talked with Darden, and Darden told him it was untrue. Of course, Dewey said it more colorfully. After going on the record denying the offer, it would not be too cool to say otherwise this late in the game. Anyways I just can not see why this is a big deal to you.

And I really disagree with your comment "his supposed HE is not a pivotal issue". Could not be further from the truth. Of all, I see it as the most pivotal of all. They have Rossi every which way but Sunday on that one issue alone. He will have to be carried off the stand after JD is done with him.

Dewey went on record saying IH denied the offer? That's different from what he says here that there was no offer. You can't see that this issue is a big deal because it would make the whole case disappear if such an offer were legitimate and accepted by IH?

I did not say the HE is not a pivotal issue, I said whether or not Rossi used illegal aliens to "supposedly" install it would not be a pivotal issue.

Quote from oldguy

I doubt that the claimed nebulous offer will not be entered in trial.

This could be a typo where you end up saying the exact opposite of what you intended.

Again, they went through a court ordered mediation in January.

And again, we went through this upthread where it was shown that the mediation was doomed to fail before it ever began.

Quote from MikeDunford

Still digging...

If it was me, and if many, many people weren't 'getting' something I was saying, I'd seriously wonder if what I was saying made sense. But maybe that's just me.

This isn't "many, many people".  It is a few.  And notably it is a few all of whom are one side, all wanting to paint me as Team Rossi even though such an outcome I push for would probably hurt Rossi.   So yeah, maybe it is just you.

Seriously, the "offer" is - at absolute best - a fringe issue of trivial importance.

Let's say you were one of IH's lawyers.  If the supposed offer were delivered to you for a full refund, would that be trivial?   I already know the answer.   The answer is that you won't address a hypothetical, you just keep dancing around like a lawyer.   

More likely, it's not relevant at all. In neither case is it a pivotal issue in the trial. There are substantial reasons to doubt that the offer - if it existed - can be admitted into evidence,

There are also substantial reasons to think that the supposed offer can be admitted to evidence, especially since a couple of items off the JONP blog already are on their way into evidence.

and even if it is there's plenty of room for both sides to spin any offer to their advantage.

Let them spin away.   In my view the most likely loser would be Rossi and the most likely winner would be the court for not spending so much money on an unnecessary and long trial.

(For example, if it was an offer for the whole amount, IH can spin a choice to decline as being based on factors such as their inability to know if Rossi had used their up-front money to advance the research and was now trying to push them out so he could obtain a better deal for the US license elsewhere.)

That's pretty convoluted.   I would love to see how that would play out in court.   IH's position is that the IP is worthless, so Rossi pushing them out would be in their best interest.   Again, there is such a high duhh factor here.   

And that's setting aside your inexplicable belief that the judge would try to use that evidence to shape the outcome of a jury case.

Nothing inexplicable about it.   I have seen judges acting in this manner.   

Display More

Quote from oldguy

They may be reading it now to get hints about the trial and evidence to use. But an offer on a blog is not a legal offer- surely you know that.

Yes I do know that and we have been over it again and again and again.   What we're talking about here is that Rossi's claim to an offer is admissible evidence and if it were made 'real' in that way it could stop the whole trial.   Now that this is the 3rd or 4th time saying this same exact fact, when do I get to say "surely you know that"?

I don't read the blog since it is a waste of time to just wade through all the lies and bad science.

Those supposed lies would be useful to show Rossi is a liar in court.   And the supposed bad science would show he's a bad scientist or a scam artist.  But the easiest target is for IH to get their $10M back and let Rossi have his supposedly useless IP.   

Having an offer or not will not make or brake the case.

So here, you finally address the hypothetical.   If IH had the offer in hand (legitimately) then they would drop the  case, give back Rossi's IP and the whole case would fold down to who pays what legal costs.   But you claim such a thing would not happen, not because the supposed offer is a chimera but you simply claim it would not make or brake the case, without any support, whatsoever.

Display More

Quote from Dewey Weaver

Kevmo - I don't know where you get this stuff from or why the moderators continue to allow you to spin the lie but it sure is getting tiresome. My guess is that you're trying to get your signature comment on every page for some particular reason or other. For this pages sake, there was no buyout offer

from Rossi to IH and thusly, no offer to turn down by IH.

Dude. It was shown upthread that Rossi posted that he made the offer on his blog. I don't know why the moderators continue to allow you to call that simple fact a lie.

Quote from oldguy

The case is not about if Rossi believes this or that or if LENR in the form of Ni like Rossi thinks is real. It is about if the work in Florida was the agreed to test of the 6 cylinder engine specified by the contract that was conducted within the agreed to time schedule and was signed by all 3 parties and if Rossi allowed Murray as an agent of IH to inspect the work as he agreed to in contract.

It is a contract case.  And if one side in a contract case has a legitimate offer in hand to settle the case then that is pivotal to the case.   ( For the sake of all those people who simply do not know how to process a hypothetical, I am not saying here that IH has a legitimate offer in hand).   

It is not even about the sale of heat to a customer as in the "term sheet".

The offers, some posting on an obscure blog, are of little importance.

If you were IH and had a legitimate offer to refund the full amount if you'd give back the worthless IP, would you consider that be of little importance?   And if you were IH and by some legal wrangling get Rossi's bloviating offer into the docket for consideration as a 'real' offer, would that be of little importance?

IH was under no obligation to accept any offer from Rossi.

True enough.   But if it were a legitimate full refund offer and IH threw it in the trash, the judge could make things so unpleasant for IH that they'd wish they never rejected the offer.   

Display More

Quote from Eric Walker

Dewey Weaver, LENR Forum doesn't know anything beyond what is reported by you and others, here and elsewhere. While I don't doubt that you have inside knowledge on this specific detail, we can't step into a factual dispute simply on the basis of what you report. You'll need to repeat your rebuttal on every page that @[email protected] sees fit to repeat the original claim.

My claim is that Rlossi posted on his blog that he made the offer. That is a verified fact. But Dewey seems to be unable to process it as a fact.

Quote from oldguy

surely you know by now that the claim of an offer is not important at this time.

Saying in over and over that it is the key pivotal item is useless.

Let's say you're IH's lawyer and you get this supposed offer admitted as evidence. Wouldn't you want to ask the judge to consider the offer and watch Rossi squirm as he withdraws it with some excuse? Surely you know by now that such a thing is not useless.

Quote from andrea.s

I did. COP was 4.3 .

https://drive.google.com/file/…IhCFaTEFUODdXTVFYOEk/view

From the report, " MFMP obtained a (false) reading of 1524°C versus a 874°C thermocouple reading".

It is mind boggling that scientists could be off by more than 500degreesC in a measurement of heat. And the odd thing is that this "reality distortion field" seems to apply to when Rossi is involved. No one thought to bring a simple thermometer?