On Sat, Aug 13, 2016 at 10:33 AM, a.ashfield <a.ashfi...@verizon.net> wrote:


> My reading is that IH had very little in-house expertise


Yes.  They're venture capitalists.  They don't maintain in-house
expertise.  I suppose they have a nice office with coffee machines and
other venture capitalists, and maybe a massage room.

so hired gunman Murray.


Ok, so your reading is that Murray is a hired gunman.  You go to great
lengths to read IH's actions in as negative a light as possible.  Have you
been effective in persuading people here or elsewhere to your position?

Murray apparently felt the need to justify his existence and as an IT guy
> does not seem to have expertise in the areas he is criticizing.  He was
> probably pissed that he had not been allowed in the plant before.
>

IH were probably irritated as well that one of the people they hired to
introduce some technical rigor into their relationship with Rossi was not
permitted, acting as an agent of IH, to have access to a facility that was,
by Rossi's claims, the location of the Guaranteed Performance Test.  This
story is too strange to turn into a movie.  People would roll their eyes
and not take it seriously.  Perhaps it would work as a B movie on the USA
Network.

By sometime in 2014, I would not be surprised if IH did not take any action
without first consulting their lawyers and thinking carefully through each
next step.  They surely saw that Rossi was a loose canon and that he was
capable of doing all kind of things.


> I don't buy your argument that the plant didn't work without seeing
> Penon's report.
>

I don't hope to persuade you of anything, and I doubt that you can be
persuaded.  For the benefit of anyone here who has not had time to really
look into the details, I'm addressing points you attempt to make for their
sake.

Rossi maintains it was IH who were keen to stop the test, offering x
> millions.  Rossi's counter offer was to return the $11 million to buy back
> the license/IP, but IH refused.
>

It is true that the Complaint and the Answer presented strikingly different
pictures.  I was taken aback about how many allegations IH denied; I would
have imagined that there would be more that they could have agreed upon
with the plaintiffs.  One of the parties to this case is presenting a very
distorted picture of things.  I suppose the judge is going to become quite
irritated with one of them once enough information comes to light.


> The arguments that IH have come up with have all been weak.  I expect we
> will know just how weak after Rossi files his reply. Before that it is
> silly to leap to conclusions that the plant didn't work.


The arguments that IH have come up are very strong.  Their position, that
Rossi went outside of the terms of the Guaranteed Performance Test, left
for Florida on the pretext of selling power to a fake customer, and then
went through the motions of the Guaranteed Performance Test over IH's
objections and without renegotiating the terms of the test, looks
compelling.  Until that position is tested, it would be premature to
conclude that IH will win this case.  But that does not mean that one
cannot step back and get a general impression of things.

Eric

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