The case would have been thrown out of court already if there weren't
some sort of contract for the performance test.
Rossi said he was waiting in vain for IH to come up with a customer and
it does seem strange to me, that with all their contacts, they didn't.
Apparently we will have to wait for the court for the details to come
out. Keep in mind Rossi was the one taking it to court and he knows
that the details WILL come out.
On 8/13/2016 5:27 PM, Eric Walker wrote:
On Sat, Aug 13, 2016 at 1:33 PM, a.ashfield <a.ashfi...@verizon.net
<mailto:a.ashfi...@verizon.net>> wrote:
Why didn't IH/Cherokee come up with a customer for a whole year?
They forced Rossi to do something himself. It looks to me that
they never wanted the test where they might have to pay Rossi $89
million but wanted to profit from the IP thy had obtained for $11
million.
I have reviewed the license agreement and the two amendments, and
there is no mention that I can find of a third-party customer as being
a requirement for the Guaranteed Performance Test. Exhibit 17 to the
Answer sets out the terms that were signed between IH and Rossi for
his engagement with JM, the customer [1]. No mention is made of the
Guaranteed Performance Test. In an email included as Exhibit 16, Rossi
makes the case for relocating to Florida, arguing that it will look
good for there to be a customer that is paying for the heat. Again, no
mention of the Guaranteed Performance Test.
In that same email from Rossi to Darden, Vaughn, Dameron and others,
Rossi says "Your proposal to put the plant in a factory owned by
yourself at least until recently is dramatically less convincing." It
looks like Darden et al. might have made space available for the
plant, possibly for the GPT, and Rossi had other ideas.
The connection between the GPT and a customer appears to be a Rossi thing.
The negative folk like you always phrase it that you KNOW the
answer, that Rossi is a fraud and the outcome is certain. I don't
think it is.
Perhaps you will be able to point to some instances where (1) I've
said that I know the answer or (2) I assert that Rossi is a fraud or
(3) I assert that the outcome is certain. My position is a different
one: I think Rossi's behavior has been self-destructive and possibly
bad for the prospects of LENR, and I don't discount IH's accusations
of fraud. My hope is that the consequences can be contained and
whatever value he might have found be realized, although I am
profoundly skeptical that anything will come of it. I think that IH
have done the field a great service in diving in and funding several
LENR researchers, with little expectation of a return on their
investment. And I hope that this tangle with Rossi does not
negatively impact that effort.
Eric
[1] https://drive.google.com/drive/folders/0B5ZV0oKQafY4bHhOZHlBZFZ4MG8
