Discussion on lenr-forum about the new filings shows a phenomenon often encountered: an obvious argument is brought up, and someone says that this was considered and rejected long ago. But there is no actual reference, and the fora do not actually have a decision-making mechanism, usually, so this is just an opinion. I have seen it happen that a view was advanced and essentially crushed by many responses, but what I saw today was not like that. Rather, people had mostly quite talking about it, until a new occasion arose. This is coming from the newer, grittier version of the old IH Exhibit 5, Peter Gluck’s favorite punching bag, but it is now actual data, apparently, from the … ta daaaa!!! Penon Report! “Final,” it says. Continue reading “Blizzard of blogviation”
With regard to the IH request to amend, the Judge ordered opposing parties to file yesterday (January 30, 2017) and IH to reply by today. Oppositions were filed by attorneys for Fabiani, Johnson/Bass, and Rossi.
For us in the peanut gallery, of greatest interest are the exhibits Rossi attached. Exhibit 1 appears to be part of Penon’s Final Report.
The Judge approved the request. IH dodged a bullet there, I did predict the Judge would approve. In fact, she gave the reasons for not approving (as had the counterclaim defendants) … and then approved based on an assessment of “due diligence” due, I’d say, to the complexity of the Motion to Dismiss history. I would translate that to “barely adequate diligence.” She then allowed the cc defendants the statutory time for motions, however, she has firmly rejected the “failure to state a claim” argument.
Below are my comments before the Order.
Continue reading “RvD: Judge demands fast response”
Steve Krivit filed a DMCA takedown notice against content here, see Critique of articles – copyright issues. In my training — which he knows about — it is said that if you are not being shot at, you are not doing anything worth wasting ammunition on. So thanks, Steve, for the compliment. It has led me to discover hypothes.is, so I may now write a much more extensive critique of the entire NET site, and the nature of hypothes.is display is such that I will probably write briefer and more pointed critique.
It’s all good. Continue reading “Incoming!”
IH just filed a motion for leave to amend their AACT, a fourth amendment (as proposed) They attach exhibits, 28 and 29, that show that the Fabiani contract with IH was explicitly renewed, contrary to an apparent claim or misunderstanding of non-renewal that was used by the Judge to dismiss Count V, against Fabiani for Breach of Contract. Continue reading “Fabiani on the hook again?”
Industrial Heat alleges that the Doral installation was set up fraudulently, but Rossi supporters argue that all that matters is whether or not the reactor worked. If it worked, they believe, IH should pay him $89 million, because that is how they read the Agreement.
However, what was contemplated in the Agreement did not happen. The Agreement was poorly drafted, from all points of view, but was tolerated by the parties, each for their own reasons.
The terms of the Agreement for a Guaranteed Performance Test were not followed; this was replaced by the Second Amendment with something more workable, but that, too, was not followed. Continue reading “Why the Doral conditions matter”
A couple of days ago I noticed a post from Zeus46, the second one below from a search of his Contributions since January 18. To be clear, this is all posts by Zeus46 from that period. These are not cherry-picked from a larger set. Conclusion (substantiated below): Lenr-forum moderation is tolerating trolling from some, including a moderator, and not from others. Here, the last six contributions of Zeus46 were trolling. Continue reading “Blatant trolling continues to be allowed on lenr-forum”
Because I’ve been studying Rossi v. Darden, I often am writing about Rossi’s blatant deceptions, which have come to be more than the raving of a yellow journalist about con artists and felons, they are now clearly evidenced in presented exhibits, and, as well, in the arguments Rossi has presented in his pleadings.
However, there is another side, and today, looking at something mentioned by Dewey Weaver, I came across this 2011 video, of Sergio Focardi‘s TedX talk, that presents it, clearly. The CC button will present subtitles, for me in English. I don’t know about other languages.
May he rest in peace.
A discussion on lenr-forum struck me. The issues raised have been raised many times, and addressed, but they keep coming back.
It’s about claims that IH has made contradictory statements about whether or not they have confirmed excess heat with Rossi devices, and about the patent they filed, why did they file a patent if the technology was useless?
Perhaps this is worth a close examination. Continue reading “Patent nonsense”
See Krivit’s con-fusion re power and energy for last month’s take on this situation.
Krivit has “withdrawn” but saved the original articles, and has continued beating the “lies” drum, only with slightly more subtlety.
Here, I end up reviewing Krivits entire new article, which is full of errors and misrepresentations, all supporting his basic theme: other people are wrong and misleading, when what is actually going on is that Krivit does not understand what is being written to him. Continue reading “Krivit continues con-fusion”
1. Count IV is DISMISSED as to Third-Party Defendants, J.M. Products, Inc.; Henry Johnson; James A. Bass; United States Quantum Leap, LLC; and Fulvio Fabiani.
2. Count V is DISMISSED.
3. Count III remains intact.
Of banned LF users with more than 7 edits, one stands out, and another is mysterious. The one with the most edits and upvotes, etc., is obvious, and then there is one more, H-G Branzell, with no apparent reason.
So I looked at LENR Forum today and the look of the site had drastically changed. It looks much better.
The home page: http://lenr-forum.com. There is still the 403 error for a referred link from CFC, apparently this domain has been added to the .htaccess file to prohibit incoming links. So no change there. (Originally, I warned users about this, so they would not be puzzled seeing it, but then found that I could set my site, by default, to open a new tab and not allow a referer field in the request, so lenr-forum no longer gets information about access to that forum from this domain. It was basically a dumb move to attempt to suppress external commentary.
And, of course, that I tell them that a dumb move is a dumb move, they are “furious.” So they make more dumb moves. That’s how life works.
However, function has changed, and a change in function almost always takes a toll on users. Where did the Unread Posts option go? (It’s now a menu item.)
[Update, evening of the 16th: LF now apparently forwards the old links properly, so barty fixed what is described below. Still the 403 error though.]
However, something far more serious changed. All incoming links I have checked so far, to specific posts, created before today, are broken. Here, created last night to a post by Peter Gluck:
This link does not return the post, it is translated by LF to:
The post now has the direct link:
All incoming links to lenr-forum, generated before today, are now broken. Links from Google? Broken. It will take a little while for Google to recover.
… This is almost certainly barty who did this. Barty did something with his own registration:
One of the original LF administrators just registered, Jan 16th 2017?
From this profile page, Recent Activity is blank. His Likes show, though. His posts can be found in other ways. (Admin tricks have been used to hide other member activities, this is not the first time I have seen it.)
Checking out the user name 1-barty (which is the actual name for barty), on the Internet Archive, I confirm that this was his user name as of December, 21, 2015. The last site update is January 18, 2016. The site has apparently been set to not be archived. (robots.txt?) Sites do this to hide something, it is not the default.
He may be able to fix the links thing with a redirect, I’m not sure. Making changes to a site with a vast content would properly be done with great care. Experienced administrators would let the community know what is happening, such a shift would be planned and reviewed.
The only time I saw LF admin consult the community, they got a lot of comment, which they then ignored without comment.
Someone should tell barty that “court” is not “curt.”
One improvement I see. Looking at my profile there, I see a little lock symbol. That shows that my account is locked out. I can see one other locked user.
Attempting to log in to my locked account, to see if function has changed, I used the Facebook log-in option. It’s broken, Facebook won’t allow the referral. I try the regular log-in. Doesn’t work, password doesn’t match, it tells me. So I used the forgotten password option. It tells me a message is sent. No message shows up.
Not logged in, I cannot see the messages that were sent to me with the ban. I’m surprised that the Facebook login doesn’t work. What was happening before the site changes is that the log-in would be accepted, then all pages on LF displayed an error message, i.e,. the site could not be used, and logout was not allowed, so I had to kill cookies, etc, to log out.
This is all unskillful administration, and it has been highly resistant to suggestions. Indeed, no reason has been given for my ban, other than perhaps being annoying. and suggesting improved moderation procedures. Users who were blatantly racist, disruptive, and users who consistently post utter nonsense, laden with contempt, are not banned, now that I can tell. Goes to show.
In the words of the immortal Emily Litella:
Gilda, we miss you.
For those who don’t know colloquial English, definition of kablooey.
For those who need it spelled out:
Mediation reached an impasse. There has been some misunderstanding. Attendance at this mediation conference was obligatory. Coming to an agreement was not obligatory, and the mediator will not criticize the parties, generally, if they showed up and appeared to be participating in good faith, which could still be quite stubborn.
IH filed a motion to extend certain deadlines, adding 60 days to the dates set by the Judge in D.E. 23. These remain before the trial date set in that Order, but the latest deadline is only two days before the “calendar call” on June 20, 2016. See below for more implications.
With the motion for extension, IH attached copies of emails involving Rossi, Bass, and J.M. Products. Summary:
It did. Yesterday, IH revealed a Rossi objection to a Discovery Request where Rossi objected to a request for communication records:
REQUEST NO. 4: All Communications between You and Giuseppe Levi, Evelyn Foschi, Torbjorn Hartman, Bo Hoistad, Roland Pettersson, Lars Tegner and/or Hanno Essen.
It included this:
ANSWER: … It is clear from this request that Defendants seek only to harass and intimidate Plaintiffs through this request as Defendants know that some, or all, of the above individuals participate in the nomination process for the Nobel Prize and their involvement in this matter could jeopardize any consideration Plaintiffs may be receiving for such nomination.
Never mind that none of those people are members of the Royal Swedish Academy of Sciences, which votes on the Nobel Prizes, nor that the disclosure of correspondence with them would have any effect on Rossi’s potential, never mind that Rossi is an engineer, not a scientist, and didn’t discover anything as to basic science (NiH reactions were suspected or shown before his claims), and never mind that Rossi has not shared his discoveries with the world as yet, and if he does, and if they are real, it would completely wipe out whatever oppobrium might settle on him from disclosure, and never mind that if he wanted to avoid this, filing the lawsuit would be, ah, counterproductive. People who live in glass houses shouldn’t throw stones. One might think.
But today he topped himself. Continue reading “Just when we thought it couldn’t get more ludicrous”
He’s pulling our leg. This couldn’t be real, could it? Rossi claims that if he provides copies of his communications with the Lugano professors, it may damage his Nobel Prize nomination. Continue reading “Rossi’s Nobel Excuse”
SRI_Progress_Report_News_Release refers to SRI_Progress-report. The news release PDF links to the SRI Report, but is not properly formatted and so the link fails unless fixed. (restore the hyphen in wp-content). I have placed both these files in our Media Library here. If they are updated (or taken down) I will note that. [The link error was fixed.]
This is a study of the report, which will eventually include commentary seen in many places on this report. It begins with an import of the Report to WordPress. Continue reading “SRI Brillouin HHT report”
The people have spoken, they want me to write about the SRI Brilliouin test results. However, I have an emergency. Axil said something wrong! This obviously, calls for a fast and thorough response, or I will lose my hard-earned reputation. Besides, I’m lazy today. Continue reading “Someone is Wrong on the Internet!”
This is a post, last updated in August, 2016, on thenewfire.wordpress.com, a site apparently owned by Rends, a lenr-forum.com moderator. I never saw any abusive moderator actions by him on lenr-forum, but when Alan Smith claimed to have the support of Staff, in his deletion actions and perhaps for his later ban, he could be part of that.
The blog is full of misinterpretation and conspiracy theory. The tagline is “Supporter of the LENR Revolution”, but, in fact, this is Planet Rossi, at its worst.
I received an email asking about a claim made on the blog page, so I’m looking at it in detail. Continue reading “The New Fizzle”