I’m working on study documents. Doing work like this is how I learn, it’s how I become familiar with the documents. I’ve been watching LENR Forum and E-Cat World, and I see plenty of people commenting who obviously know a little, not a lot. They’ve seen some document that confirms what they believe, they take some accidental implication and run with it. And Sifferkoll is up to his old tricks. Ah, later.
I had started to work with RvD: Study of 214:Rossi Motion for Summary Judgment because I wanted to study the Rossi side first. However, 214 is so full of errors — almost all exhibit numbers are incorrect, for example, and the Motion is heavily based on something that didn’t happen: the exclusion of all IPH claims. Or at least it hasn’t yet happened. Since it is days of work to prepare one of these study documents, I put it off and started working on the IH side, with RvD: Study of 203:IH Motion for Summary Judgment
And then I realized that this document heavily depends on RvD: Study of 207:IH Statement of material fact supporting MSJ. So I decided to compile and link this first. You can see more or less what it will look like, I just need to complete it.
The statement of material fact is a boiled-down summary, filtered for significance, and some of it, so far, has blown my mind.
For example I thought that the IH claim that Leonardo Florida was not the same corporation as IH had the agreement with was a bit silly. However, I think I was wrong. Basically, I had assumed that this was just a move to Florida. Okay, the New Hampshire corporation still exists, so the claim of merger may be shaky, but … it’s still Rossi, really, right?
Actually, no. Rossi does not own Leonardo Florida. It is owned by a trust. Trustee is Johnson. IH may have a point, even a strong point.
That Ampenergo deliberately refused to sign the Second Amendment that allowed a later GPT is telling. All this, I will review in detail, studying the documents. Rossi, then, knew the ropes, before the Doral “test” began.
This is just one of many points that come up in the documents. For example, Penon explains why he did not respond to the Murray questions. It was because, he claimed, these were the same questions Murray had asked in February. Of course, the Murray document was deliberately a memorialization of those questions. Penon’s English is pretty bad, apparently. Let’s give his response the best construction. He believed he had answered the questions, but perhaps Murray did not understand. By this time there were lawyers involved on both sides, and it would be suggested to Murray that he ask the questions formally, in writing. So he did. And Penon, hired jointly by Rossi and IH to make or validate measurements, consciously refused to answer. His reason is irrelevant. IH apparently, then, refused to pay him his final payment, and Rossi paid it.
This was terminally sloppy. Penon depended heavily on data provided by Rossi and Fabiani. While data was stored on his computer at the Plant (possibly still there), Fabiani obviously had access to it. This was not an independent review.
As with the Lugano text and Levi, Penon reports as fact what he was told by Rossi. (Lugano, the reason for not calibrating at full input power, and Ferrara, the reason for only testing 18 reactors.)
So why did IH put up with this? Darden does explain, but the general reason is obvious. In order to continue to deal with Rossi, it was necessary to be maximally compliant and not argue with him, or show any need to confirm independently. If they did, it would be End of Test. Go eff yourself. Rossi had done this many times.
To complete their goal (which was twofold: to obtain and commercialize the technology, or, in the alternative, to determine that there was no technology at the levels claimed or even close), they needed to extend the relationship with Rossi, though not outside of “reason.” I.e., they were not about to agree with Rossi that Doral was the GPT and Penon the ERV, but they also were not going to start screaming that Rossi is Wrong.
They decided to watch, and then, when possible, to verify. And the beginning of that process — sending Murray — was where Rossi drew his own line. Murray was refused, and Rossi says why. Spy.
Annesser was quickly involved, and it appears that Annesser may have encouraged the breakdown, instead of calming it. Annesser apparently advised Rossi and Johnson to reject the December request for access, that is, to violate the Term Sheet, this time clearly. At that point, IH may have believed that the Doral warehouse was rented by JMP, controlled by Johnson, and may have had no idea that Rossi himself had rented the warehouse.
Annesser is in this up to his eyeballs, but that will not be relevant to the present case, unless a motion for sanctions is entered after the basic case is resolved. I no longer have any wonder that Annesser left Silver Law Group. This would be very unlikely to be something that Ruth Silver would approve.
(But she would never say that, and I’ve dealt with a law firm that had represented a plaintiff suing me. One partner started to say to me that maybe they were on the “wrong side,” and the other said to him — quite correctly — not to say that. It was obvious anyway, and these attorneys had advised the client, obviously, to settle with me, and that was quickly done. It looks like Annesser did not advise Rossi to settle differences, but to fight, not let these big guys push him around, and probably they will settle. Besides, this was his chance to sue a $2.2 billion corporation. These don’t come around every day. Even if he did need to stretch the law a bit.)