Posts by Shane D.

Eric,

While that may be true up to a certain point, I don't think it will be missed by the court that 3rd Party Defendants are arguing it does not matter if what IH alleges, and provides evidence of, is true. And from my reading that is exactly what they are arguing.

Fortunately, we here have a much simpler job in sorting this out than the courts. Even the remaining Rossi supporters have said if Rossi/Johnson are proven to have lied about JMP's ownership and operations, than they would abandon Rossi. And few could read this latest and come away convinced JMP was a legitimate company formed in the UK, affiliated with Johnson Matthey, with a real product and a need for the steam....well maybe Wytennbach could.

Quote from LENR Calender

I agree with IHFB about the intention of the licence.

I did not get the impression IHFB was talking about "intention". He sounded more exact, more contractually legal...like a lawyer petitioning the judge, than that. Nor have I seen much in contract law where "intent" plays a significant role...but I am not Abd.

In addition, I don't see anywhere in the court documents where Rossi denied transferring his secrets to IH. He also, as I said a few posts up, bragged about IH taking his knowledge (IP) and building a working Ecat.

IHFB,

All right, I did my due diligence and still think I am right on. Not going to invest much in this, as it seems another unproductive endeavor....I do a lot of research, prove my point, and never hear another thing from you.

Instead, how about you do a little more work and state your case more in-depth, with links?

Quote from IH Fanboy

Not sure why you are so hot. It seems uncharacteristic of you. Having a bad day?

Sorry if I came across that way (hot). I am in a great mood. The only time I get in a bad mood is when Mary is around....Who, BTW, is lurking sinister-like here, again.

That said; looks like I have to go read court documents, plug in some definitions in wikipedia, to see if I am wrong. Doubtful, but you never know.

Quote from IH Fanboy

It was IH's plant. But IH has never owned the IP. They were granted certain territorial rights in a license.

IHFB,

Come on now, that is downright wrong. IH paid the $10 million after the "successful" Validation Test, and immediately after the money transfer Rossi transferred all IP/secret sauce to IH. Rossi even bragged the next month (July 8th 2013), that IH had taken that IP and built from scratch an Ecat, mixed the fuel, fired that sucker up and it worked as advertised...but that is another story.

This stuff is complicated enough as it is, without introducing baloney that will confuse the children. FTR, and to get this back on track, IH owned both the 1MW blue shipping container, the junk inside, and also the rights to what makes the junk tick, or not... but that is another story too.

Axil,

I think you are LENR legend material also. With all you have said, proposed, theorized, when someone comes out with that final theory one day, you will be able to honestly say: "hey, I said that already".

Quote from SSC

So you think that even if I suspect that a man could damage my work revealing secrets to others, I have to let him do what he wants

SSC,

Rossi admitted to the court that he gave IH all his secrets in June 2013, after they paid him the $10 million. From that point on, Rossi had no more secrets to protect...Right? Making his excuse for denying Murray access "to protect his secrets" pretty lame.

Plus it shows the court he was lying to them when he stated, for the record, that he transferred *all* the IP. He shows here, yet again, that he violated the contract terms.

Looks like all the elements are in place for Rossi to become an LENR legend. Anecdotal reports of melting reactors...NC (Alan)/Ferrara (Levi), and unsubstantiated reports of successful Ecat tests (Jed/Alan/AEG/Stremmenos). Secretive, paranoid personality, trail of lawsuits, and now IH is about to beat him up in court, take his money, thereby solidifying his place with the working class conspiracists who will keep his story alive for generations to come.

Quite the feat considering we still don't even know....probably never will, if the damn thing works!

Quote from ultrasure

Any idea who is Libeling Rossi and up for a lawsuit?

I don't know. Anyone know why Van Gogh cut off his ear?

Looks like the courts depend on the plaintiffs (accuser) attorney to do "due diligence" of their clients facts to weed out weak, or "frivolous", cases before bringing it before the court. If the judge deems Rossi's suit frivolous, from what I read Rossi's lawyer may get in some hot water with the judge for wasting her time: https://en.wikipedia.org/wiki/Frivolous_litigation

Obviously the judge has great discretion in deciding what is, and isn't frivolous.

Quote from LENR Calender

No comment indeed

Shayne
December 17, 2016 at 5:44 AM
Dear Andrea,
From what we can see reading the papers in the “Pacemaker” of the litigation, it appears that all your points are substantiated with solid evidence, while the complaints of Cherokee Fund and IH are based on assumption without any evidence. Can you comment on this?

Andrea Rossi
December 17, 2016 at 8:49 AM
Shayne:
No comment.
Warm Regards,
A.R.

Display More

Yeah, that is pretty crazy for him to say that. It is just the opposite in fact, with him providing only hearsay, and IH the evidence. Probably another sockpuppet thing where he read the general consensus about the court documents floating around in LENR-land, and decided to counter it. I really don't know why he would think his doing this kind of stuff will help him out in court. Maybe he thinks the jury...if it ever comes to that, reads his JONP?

At least this time he chose a cool sounding name to ask himself the question though.

Quote from Paradigmnoia

Which of the "Penon" reports was written by someone else, then simply endorsed by Penon?

Love to see you back Paradigmnoia, but I must be missing something. Could you provide a little more "background", or better yet, a quote as to what you are referring to? Without some context, I am having trouble with your post, unlike those of yours before.

Thank you.

Quote from sigmoidal

But as others have noted, Rossi's assertion that the one year test was an agreed upon GPT has no evidence to support it except 'Rossi says'.

Sig,

Awfully good analysis. You sure you are not Abd? Not that it matters, and not trying to dox...OK just a little.

And yes, "Rossisays" has helped Rossi convince a lot of people that a blue shipping crate will save the world, so it is no surprise he thinks he can keep on doing the same to win over a judge and jury.

I wonder what his lawyers are thinking? They know you eventually have to show some proof to back the Rossisays, and this may have been their last chance to do so before the judge tosses the suit against IH. I know I would not want to be his lawyers standing in front of the judge, and have her say "is this all you have?".

Quote from oldguy

I have likely missed it but I find very little “evidence” offered by Rossi for any claims other than the unsigned agreement from his first filing and talk

OG,

No, you did not miss anything. Nothing there...there. Rossi said nothing, submitted nothing in defense, denied what he could, claimed indifference where possible, ignored IH's damning evidence with a wave of the hand because "it speaks for itself". How exactly does "it speak for itself" Rossi? I am sure the judge wants to know as I do.

In their shoes, I would think his third party defendants (Johnson, Fabiani, Penon, Bass) are reading his every word, to see if he pulls a "wabbit" out of his hat and saves their butts. Looks like that is not going to happen, and they are left to defend themselves.

I expect some breaking of ranks soon.

IH alleges:

68. In late 2013 and early 2014, Leonardo and Rossi made arrangements with the
team of scientists who had published the Ferrara Report to conduct another test of a single E-Cat reactor (not an entire Plant or an entire Six Cylinder Unit) over a roughly one month time period in February and March 2014 in Lugano, Switzerland. At the conclusion of the experiment, the scientists concluded in their report (the “Lugano Report”) that the E-Cat reactor produced a COP of 3.2 and 3.6 across two different “runs” of the reactor (which is still less than the lowest COP number reflected in the License Agreement). See Ex. 14. This conclusion was subsequently criticized in a series of publications identifying flaws in the methodology the scientists employed which led to overstatement of their COP calculations. These publications, however, did not surface until 2015.

Rossi responds:

68. Plaintiffs admit that the Swedish Royal Academy of Sciences performed tests on a
single E-Cat reactor constructed by Defendants at their North Carolina facility and that such
scientists concluded that the reactor produced a positive COP. Plaintiffs further state that the
“Lugano Report” speak for itself. Plaintiffs deny the remaining allegations contained in
Paragraph 68 of the Counterclaim to the extent they are inconsistent with the Lugano Report.
Plaintiffs lack sufficient knowledge to admit or deny the allegations contained in Paragraph 68 of the report pertaining to other “publications” and therefore deny the same and demand strict proof thereof

This is the title on the Lugano report:

Observation of abundant heat production from a reactor device
and of isotopic changes in the fuel

Giuseppe Levi
Bologna University, Bologna, Italy

Evelyn Foschi
Bologna, Italy

Bo Höistad, Roland Pettersson and Lars Tegnér
Uppsala University, Uppsala, Sweden

Hanno Essén
Royal Institute of Technology, Stockholm, Sweden
October 6, 2014

http://www.elforsk.se/Global/O…er/LuganoReportSubmit.pdf

No mention anywhere in the report about the Swedish Royal Academy of Sciences which we all know:
"Every year the Academy awards the Nobel Prizes in Physics and Chemistry, the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel, the Crafoord Prize and a number of other prizes."

I just thought this was funny. Typical Rossi trying to twist things around...in this case to elevate the significance of Lugano, and give it some prestige above what it deserves. Ties in real nice with his charge that IH is a bunch of bumbling, incompetent fools, unable to make his IP work like the smart guys at the Nobel Academy.

Even the Lugano team might have to break their silence, and correct this one for the record.

Quote from Bob

So they would not want to "muddy" the waters by "There was no GPT and then publish the ERV report that Rossi is claiming IS the GPT". Rossi probably does not want to publish it because it shows the data is faked or bad, thus damaging his case that even it the 1 year run was the GPT, that it did not met the conditions.

Bob,

Good point about IH. Why muddy the waters as you say. Hey who needs Abd!

As to Rossi not wanting to submit the ERV report as evidence; yeah, most of us know that is why he won't do it. It did not work, and he rigged it to look as if it did, with Penon either tuning a blind eye, or being fully complicit, so no mystery there. But I put that out there more for the few remaining Rossi believers who still take Rossi on his word.

Bob,

That is what I read also. In addition, in response to the incriminating "exhibits" IH provided, he simply blew them off as they "speak for themselves". I particularly loved the part about the "Swedish Royal Academy of Sciences" doing the Lugano test. Sounds more official then Levi, and some professors from Sweden I guess. Then he asks for more information as to IH's assertion that Lugano was later called into doubt by "other publications", demanding proof...Guess TC may be needed.

Hard to read until the end, but that is where it does get real interesting. That is where Rossi responds to IH's "affirmative defenses". He relies heavily on a general theme of IH being fully aware of, and participants in every level of planning along the way.

The bombshell (to me at least) comes when Rossi throws the "unclean hands" back at IH, because they induced him into the agreement when they had no "financial means to make payments" in the first place! I guess the old saying about "a good defense is a good offense" applies here.

Overall though, I would agree that Rossi showed little, if anything new. I do not know if he can make it past the judge with so little to add, other than these counter accusations, and get this into a courtroom this way. If he does, then I can see how his introducing APCO as he does here, the possibility IH "induced him" and never intended to pay, gave his IP to his competitors, etc. may appeal to a jury and get him off the hook for the counter-charges. But nonetheless, it will be hard to overcome what is increasingly apparent about JMP, products, Bass, etc. when Rossi asks a jury for his $89 million.

Still no ERV report provided by either side yet though. That seems strange.

MrSS.

When it comes to Rossi, the old adage: "fool me once shame on you, fool me twice shame on me" applies. He first fooled me with his Ecat, even after his many obvious lies over the years on his JONP, but with this QuarkX thing...count me out. Not going there again with this guy.

More power to you though, as believing in a world changing invention is a powerful thrill. I do miss that with Rossi, but I just can not make myself do that anymore with him. Especially with this QuarkX, which is so Steorn-like.

Thank goodness though, it just so happens BrLP came along at the right time for me, and now I get my thrill believing in them. Beats that Rossi guy. BTW, did you read about the new BrLP "Advisory Board" assembled? Real heavyweights from real companies. Serious backgrounds too. Best yet, you can actually read their names. BTW, do you know the name of a single member, advisory board, BODs, employee, or anyone for that matter in Rossi's "Leonardo" corporation?

Can you drive up to his warehouse, lab, or corporate headquarters like you can with BLP in their New Jersey facility?

Quote from Walker

If their LENR research is as far in advance of Western LENR research as their EM drive is then we may have a problem.

Walker,

Since you mentioned China/LENR; Dr. Nagel attended this years "Satellite Symposium of the 20th International Conference on Condensed Matter Nuclear Science" that took place in Xiamen, China before the Japan ICCF20, and later wrote this nice report about China LENR research -past to present.

http://www.infinite-energy.com/images/pdfs/NagelIE130.pdf

It starts on the second page (marked as pg27) titled "LENR Research in China".

China took an active interest in CF right after FPs, with two important papers:

"The first was by Tian-hong Lu, “Research
Situation and Controversy of Cold Fusion,” which was pub-
lished in the Chinese Journal of Nature in 1990. The second
was published in the same journal in 1995 by Xing-Zhong
Li, the Co-Chairman of this Symposium, with the title
“Abnormal Nuclear Phenomena in Solids Containing
Deuterium.”

And have been at it ever since...just like the west. Good read. Lots of good stuff in there. But, about your point...I don't think they are any further advanced than we here in the west.

Alan,

The only scientist with a public face I know of who left LF was Dr. Storms. As I recall, his departure followed some tough "technical" questioning from Joshua Cude and TC. It had nothing to do with the gossip side of LF, or the overt focus on Rossi. Too bad he left too, as of all in the field he seems closest to overcoming the reliability issue. Now, I guess we have to wait for his next book to find out what else he has sorted out.

Same goes for me356...he left after being pestered about his technique. Not because of the Rossi talk. Other than those two, others pop in and out, as every forum experiences, but overall the site appears to have a very healthy population of scientists...both mainstream types here anonymously, and our garage varieties. Many of whom, like you, know much more than they will tell publicly, but let slip a tidbit or two, here and there.

I think you were bragging not long ago about the explosive growth of LF in just the past year. If you ask me, the Rossi story played a big role in that. Everyone who is anyone in the field is just as curious about he and IH, as are the rest of us non-players. And this is the only place where both sides are debated...although the consensus seems to have settled largely in favor of IH.

Like shoppers who see a pretty display in the store window, enter the store, but end up buying other things, new members show up here because of Rossi, and once inside also learn about the other side of LENR. So if they enter LF for Rossi in the front window, but leave with a better understanding of the depth of the field...it's strengths/weaknesses/challenges/history, learn of the others such as BE, BLP, GEC, Nichenergy etc. then the field is the better for it. And LF can take some credit for when this finally breaks out.

Sooo....when can we get those two guys back here?