Shane D. Administrator
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  • Member since Jan 26th 2015
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Posts by Shane D.

    Generally speaking, from my knowledge of history, people who speculate about secret events tend to be wrong



    No insult intended, but it seems to me LENR is loaded with "secret events". Everyone seems to have one. Any researcher, or spokesman, worth their weight, must have a secret, or NDA. Without, you are a nobody. Like a badge of honor of sorts. Seems all too convenient if you ask me. A cop out, and plays right into the hands of mainstream science.


    McKubre cautioned against this syndrome afflicting the field. You also have commented.

    So, please, why does he need the ridiculous tests and this ridiculous blog called "JONP"?
    Why does he need publicity? This gives him no funding in real dollars.



    Bang,


    That JONP has always been a red flag in a sea of many red flags. He always claimed he needed it because he learned so much from his fans, but I can not remember one time Rossi accepted any recommendation, nor incorporated any suggestion into his R/D program.


    Now, in hindsight, it appears IMO that he may have used it instead to attract just that right kind of investor, like a spider uses it's web to snare prey. He was looking for someone with little, if any, deep background in the energy field, but with access to lots of cash. Not a Musk type...whom Rossi rejected according to Lewan, who would have easy, instant access to competent engineers. Only way he could find that right person was to lay out a trap/web, and the JONP served that purpose.


    It worked too, as along came Darden... the real estate guy with a love for the environment and a (naive?) hope to heal it with some exotic tech. Funny too, as Dewey told us of how Rossi first threw him (Darden) out of his office in Miami, only to call him back when he was driving to the airport to patch things up...after he checked his history. I just get the impression Rossi was playing him like a fiddle. Teasing him like a seasoned conman would do, to make the *mark* want to throw his money away. The more Darden struggled in the web Rossi cast, the more entrapped he became.


    So although I love your post overall, I will take exception with your comment that the "JONP could bring him no funding in real dollars"...because it did. And it might bring him even more if he wins this suit, or gets a pay-off in an out of court settlement.

    Most folks at ECW are fence-sitters--wait and see, although with a lean toward Rossi given IH's shenanigans. That is my current position as well. The pathological skeptics resided at ECN, and no longer have place to rest their head. So some of them came here.


    Fanboy,


    You are right. Some of those guys started out on ECNs with me. Peter, George...those were the days. Good guys too. George has even become outspoken against Rossi!


    Acland has loosened up ever so slightly to allow some mild dissent. Not sure the regulars there have followed suit though. :) But you are right, not all are 100%ers anymore so I take that back.

    Do you mean the 1-year test? I believe they were dissatisfied by the time Rossi moved the machine to Florida. But had already paid, so they figured they might as well let him do whatever he wanted. It wasn't going to cost them any more money, so why not? I think they still felt it might work. Heck, I still wonder whether some of the earlier tests did work. I can't tell. Not enough data, and no independent replications.



    Yes Jed, that is the one I mean't. Your theory of IH's behavior is a reasonable one of many. They were in fact disillusioned with Rossi well before that 1 year test as you say. First indicator of that was when Gary Wright ("ShutRossiDown") reported Rossi to the North Carolina State Radiation Agency for operating an unlicensed nuclear reactor. Regulators paid IH a visit and talked with Vaughn in response. Took a lot of measurements. In their post visit report dated Dec 2014, they quoted Vaughn as saying "Rossi is not credible". The GPT (1 year test) started Feb 2015.


    Interestingly, that was not the first time Wright did this. He reported Rossi to the Florida Radiation Agency also, which I believe was before IH bought the 1MW. Interesting guy this GW, but that is for another day. :)

    Not too many argued for Rossi more than I did over the years, but even I always made it clear that I, nor anyone else for that matter, could be absolutely certain....for obvious reasons. Along with disclaimers, many others went by percentages in expressing their belief. One week 90% sure of Rossi, another 30%.


    I, like most, was all over the place, but never 100%. Closest I came to that was when Rossi/IH started the 1 year test. The longer it went on without IH pulling the plug, the closer to 100% I went. Even now, it baffles me why IH would sign off on starting that test, if things were not looking good at that point -which was well along into their relationship. Or why they allowed it to continue if what we hear about their doubts early on are true?


    Only ones that were 100% certain of Rossi being legit gravitated to ECW where they remain today. Those absolutely sure he was a fraud, like MY/JC, took up residence at ECNs (now totally defunct).

    Basically Rossi is saying his Energy Catalyzer needs him at the controls in order to work. I missed in Rossi's patent, and patent apps, where it says he has to be there when others replicated. ;) Anyway, I am sure IH can use this in their defense. They can present Rossi's own words as evidence that they, on their own, without his assistance, could not make the patents work for them. That may still leave the GPT to dispute, as that was more predicated on Penons ERV report, or it may knock that one out too...never know.


    Surprising too Rosi's recent honesty about the 1MWs weaknesses. Going by his posts over the years, it's development seems to be more a regression, than a progression. 4 1/2 years ago it was ready for "mass production", and now painstakingly hand made one by one, only suitable for "pioneer" customers....by which I think he means "only for the brave of heart, and slow witted". :)


    Where before he had the technical control issues figured out, now...well, it is more a manual labor of love! By the way, did he not hire Fabiani...after turning his nose up at NI's assistance, to take care of all that? What in the heck was FF doing during the 1 year test, and before, in that case?


    I am pretty sure Rossi's new openness has more to do with the looming court battle, and the risk of lying in this legal environment...maybe with a little advice from his lawyer, than a sudden dose of conscious, no credit deserved. One thing for sure; with these new revelations, no one will buy his units. Not that they would before due the litigation going on, but now...no way!

    Shallow thinkers imagine that language has one fixed meaning. And then if other meanings are pointed out, they think they are prevarication or pedantry



    I agree with you there Abd. Those shallow thinkers are easy to spot too, as they are unable to express their thoughts succinctly. Resorting instead to verbosity to make their point. I have seen some take 8 paragraphs just to say "yes". ;)

    Bob,


    Nice post. The battle lines have gotten pretty interesting lately after the IH/Rossi falling out. Before that, the LENR community generally either supported Rossi, or said little about him. When IH came along they were viewed by all as a needed breath of fresh air. Overall, we presented a united front.

    Now, with the break-up, we have had to choose sides, turning former allies into enemies. It gets further complicated when some let their social/political biases (little guy vs big guy) (Dems vs Reps) filter into their arguments.

    Long story short; it is a mess now, with a massive divide. The insiders, to their credit, are trying to get the healing process going by putting Rossi behind, and rallying us around the future of LENR (IH). But many are not having that, as they are not willing to let go of Rossi just yet. That does not sit well with the insiders, who get flustered by their intent (and "facts") being questioned, which makes it even worse.


    Although I think Rossi has nothing, and he is sleazy, I can see why some stay loyal to him though. There are just too many unanswered questions remaining, and a lot of things that do not fit into the IH narrative. Until IH addresses those incongruities, there is still a hope that Rossi has something. And as long as they have that hope, and the rest want to get on with the post Rossi era, well...


    I guess we just have to accept that we won't come together in unity again until this is resolved.



    Oy vey!

    In what I wrote, the argument actually being made was that Rossi must have gotten regulatory approval because if not, he'd have lied and this would then cause Awful Things To Happen. But he did not actually claim to have gotten approval, only that he intended to get what was necessary, and perhaps he thought this particular approval it was not necessary



    Abd,


    This is what Rossi said in his suit, and exactly what the judge quoted from the suit, word for word, in her response:


    "Despite IH and IPH’s continued failure to secure an adequate testing facility, Rossi took it upon himself to locate and secure a location to conduct the Guaranteed Performance Test, as well as obtain the requisite regulatory approvals for the operation of the E-Cat Unit. (See Compl. ¶ 63)."


    Rossi said he "obtained the requisite regulatory approvals", yet you keep saying "he did not factually claim to have gotten approval". "Obtain" means he got it. Why do keep on about this? It is not even that big a deal.


    Now, if he did not obtain the approval as he claimed in his complaint, then he blatantly lied to the court. Can we agree on that?

    Again, some are not reading carefully. Rossi did not claim to actually get any permits. Rather, he claims that IH didn't get permits in North Carolina, or something like that, so he decided to make the test happen


    LOLs Abd. You are right, "some are not reading carefully". :) From the judges decision regarding the MTD:



    "Despite IH and IPH’s continued failure to secure an adequate testing facility, Rossi took it upon himself to locate and secure a location to conduct the Guaranteed Performance Test, as well as obtain the requisite regulatory approvals for the operation of the E-Cat Unit. (See Compl. ¶ 63)."

    Not my reading of the situation in the slightest. What we've seen is that 4 out of 8 complaints were summarily dismissed, before the case has even gotten to trial.


    Eric,


    This is all a matter of opinion of course. You may be right.


    IMO, when you file a suit, your throw in the "kitchen sink" just to cover all angles. That is what I think Rossi did here. David French said within days of the filing that the patent claims were wrong on many counts. Even the judge in her response said the contract language clearly allowed IH much latitude to do what they wished with the IP. So the patent allegations were weak to begin with, and the fact they did not make the cut, was probably anticipated.


    That is why my belief is that Rossi, and legal counsel probably feel pretty good having gotten what they did. Could be wrong though.

    Jed,


    If Rossi did not get the permits as he claims in his suit, that will be easily proven as a blatant lie, and would greatly hurt his case going forward. I think it was David French who said in his review of Rossi's filing, that you just do not make stuff up in your suit that can not be proven. That is a big no-no, and if caught doing so (and you will be caught) you will pay a big price. It sounds like a sure fire way to lose the case out of hand


    Keep in mind too, that IH signed off on the test, and they obviously have been very lawyered up since the beginning. Doubt they would have exposed themselves to some regulatory action by signing onto a rogue boiler operation.


    There must be something more to this than meets the eye.

    In one comment somewhere, a writer imagined Jones Day presenting complicated and boring testimony to a jury, with their eyes glazing over. This is essentially thinking of one of the top legal firms in the world as being utterly incompetent. I rather doubt it!



    That was not a criticism of Jones Day, so much as a slap against the notoriously short attention span of the american juror. A good example is: "If the glove don't fit, you must acquit", which the OJ jury focused on instead of the volumes of technical details about DNA, blood splatter patterns, etc. Same could happen here. The jury system has always been a crap shoot, even when you have the best lawyers, which is why David French gave it such high odds of being settled out of court.