this kind of fakenews is almost standard, when it comes to scam like free energy / lenr / levitation / anti gravity.
... thats true, but those fakenews almost never have a valid scientific background and even if some users claim that Rossi has fooled the Professors, I have not read one single statement by these scientists that they withdraw their reports, or any criticism about Rossi.
I am quite sure that Darden and the others were aware of these problems.
This maybe true, but they where not professional enough to find proper solution for these problems, instead of establishing a professional R&D and management team they act like beginners and burned a lot of money!
Then you should stop using this forum, but I will use it!
Moved from Rossi/Darden thread. Alan.
Gentlemen, Darden et.al. accepted Penon as ERV (no matter when) and honest, if you are member of a jury, would you consider it plausible if exactly the expert whose expertise is responsible for paying US$ 10,000,000, would not be accepted later?
These court depositions of the IH representatives are a true mental bankruptcy statements, anyone who neglects the rules of a proper operational due diligence so extremely, does not have to wonder not to successful. https://en.wikipedia.org/wiki/Due_diligence
14 Monday, February 13, 2017
9:07 a.m. - 5:18 p.m.
17 VIDEOTAPED DEPOSITION OF JOHN THOMAS VAUGHN
(Corporate Representative of Industrial Heat, LLC)
20 Taken on behalf of the Plaintiff before
21 Elizabeth Cordoba, RMR, CRR, FPR, Notary Public in
22 and for the State of Florida at Large, pursuant to
23 Plaintiff's Notice of Taking Deposition in the above
20 Q. Okay. So you would agree with me that, as far
21 as you know, Industrial Heat never approved and never said
22 specifically, We agree that Penon is the ERV?
23 A. I am unaware of communication where we
24 specifically agreed with Penon being the ERV, but there
25 may be such communication out there. I can't recall all
Veritext Legal Solutions
1 of our e-mails and all of our documents.
2 (Exhibit 17, IH99334 through 99336, was marked
3 for Identification.)
4 BY MR. CHAIKEN:
5 Q. Let me show you what has been marked as
6 Exhibit 17. Exhibit 17 has been Bates stamped IH99334
7 through 99336. On the first page of this exhibit is a
8 couple of e-mails. The first one is from JT Vaughn to CJ
9 Case and Christopher Lomax. Those are attorneys for Jones
10 Day; is that correct?
11 A. That is correct. That is in May 2016.
12 Q. Right. The e-mail on the bottom of the page is
13 from Tom Darden, dated April 24, 2013 to Andrea Rossi and
14 it cc's yourself and John Mazzarino. Do you see that?
15 A. I see it.
16 Q. And it talks about test process?
17 A. Mm-hmm.
18 Q. And on the second paragraph Tom Darden writes
19 to Andrea Rossi and he says: "Here are my thoughts.
20 First, as we indicated, we can accept Fabio Penon as the
21 ERV instead of BV." Do you see that?
22 A. I see that.
23 Q. Were you aware -- have you seen this e-mail
25 A. Clearly, I have seen it before. I haven't
Veritext Legal Solutions
1 scene it recently.
2 Q. Does this change your mind as to whether or not
3 a writing exists showing that Industrial Heat approved
4 Fabio Penon as the ERV?
5 A. That is what Tom is doing in this e-mail.
6 Q. Right so you would agree with me then that the
7 parties agreed that Fabio Penon was going to be the ERV,
9 A. Based on this e-mail, which is from Tom to
10 Andrea, it appears that he accepts Fabio Penon as the ERV
11 instead of BV.
·1· · · · Q.· ·I'm only worried about the e-mail on the
·2 first page from you dated April 24th, 2013 to Dr. Rossi
·3 cc'ing J.T. Vaughn and John Mazzarino.· And the second
·4 full paragraph of your e-mail states, "Here are my
·5 thoughts.· First, as we indicated, we can accept Fabio
·6 Penon as the ERV, instead of BV."
·7· · · · A.· ·Um-hm.
·8· · · · Q.· ·Do you see that?
·9· · · · A.· ·Yes.
10· · · · Q.· ·Did you, in fact, write that e-mail?
11· · · · A.· ·I assume that I did, yes.
12· · · · Q.· ·Is there any question in your mind that you
13 accepted Fabio Penon as the ERV?
14· · · · · · · · · MR. BELL:· Objection to form.
15· · · · · · · · · THE WITNESS:· That we accept him as
16 the ERV in this test.· We either accepted him or we
17 said we were willing to pay notwithstanding that.
18 (BY MR. CHAIKEN)
19· · · · Q.· ·Well, do you contest what you wrote saying
20 specifically "we can accept"?
21· · · · A.· ·No, I don't.· I don't contest that.
22· · · · Q.· ·Did you ever change your mind after you
23 wrote this e-mail?
24· · · · · · · · · MR. BELL:· Objection to form.
25· · · · · · · · · THE WITNESS:· That we had accepted him
PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
Statement of Undisputed Material Facts
51. Rossi himself on most days spent over 16 hours per day for over the course of the 350+
day test in an extremely hot and uncomfortable working environment, performing the GPT. See Ex. 1
We are probably never going to know the truth about the heat exchanger, how it worked technically, how it was constructed, what dimensions it had and whether it existed at all. The problem with the debate here is simply that this is not to be surpassed by irrelevance, whether it has given this heat exchanger or not, say purely nothing about the functionality of the E-Cat plant in Doral, because everything that happened there is in retrospect a part of a maneuver by Rossi et.al. to win a litigation and to get the E-Cat IP back under its own control.
For Rossi, it was only important to carry out this 400-day test and to have any data that are accepted Darden et.al. in any way, whether or not they are true. That is exactly what Rossi has done, IH accepted the 3 interim reports of Penon, invoiced J.M. Products services for power generation, issued monthly invoices and took money and even brought own investors to the test facility, a higher acceptance in a (supposed) functionality can not be derived.
The assertion of IH that the plant has never worked and is a fraud would be quite legitimate, but only if they had not worked with Doral as a marketing tool and source of income, but would have completely rejected the test right from the start, because they claim today they already knew before 2016 that all is a big fraud and nothing works!
The discussion here is therefore futile, because Doral says purely nothing at all about the functionality of the E-Cat, but only something about how better not deal with contract partners.
Maybe this excel sheet could be helpful for the specialist for some calculations.
Either way, whether you see IH's (possibly intentional) unwillingness to pay the 89 million US dollars as a serious breach of contract and thus as a supposed fraud, or whether you see Rossis preempting a customer a fraud, no longer plays any role, both parties have accepted a judicial settlement and will no longer claim any legal rights and will no longer accuse each other before a court and therefore it is highly unlikely that any prosecutor will re-open this case, if there are no additional criminal offenses from the state, which I do not see.
Based on my analysis, I do not think they had any excess heat at the time of the MIT presentation. I do not know what they have now.
This is something that is especially noticeable to me, there are many players in the LENR field, which have become very noticeably quiet since 2012-2015, besides the Japanese (Tohuko University, Green Planet Inc., Nissan, Mitsubishi et al) Sweden (Elforsk, Vattenfall, Volvo et.al) as well US-Americans (National Instruments, Lockheed, NASA, etc.) and many more, so either they all have nothing, or they develop in secret on high tours in order to gain a competitive advantage, and they are all very glad that Rossi and Industrial Heat attracted the complete public attention, so that they can work inconspicuous.