Update #1 (13/5)
The Weaver continues to deliver confirmations on LENR-FORUM.
Frank – Just to be clear – Rossi sold territorial rights to his Ecat IP including derivative rights for $11.5M. No additional money is owed by IH – the rights are purchased and Rossi has an obligation to fulfill his side of the contract – apparently a very difficult thing for him to understand. Rossi may get to make his case as to whether or not he earned the additional $89M for the 1 year, 1MW test. At a minimum, IH will be coming at him with a professional and comprehensive defense. Claims of a passing a successful test in exchange for $89M require a standard of integrity that Rossi has yet to achieve in his lifetime. We’ll see whose standard holds up the best in the judicial sunshine.
Again. The ERV report says what it says. Penon was agreed upon as ERV. If the report says COP~50 IH should pay. So far there has only been ad-hominem attacks, FUD rumors and conspiracy theories hinting on a this not being the case.
Since IH didn’t pay according to the agreed upon contract without even mentioning this intent, the contract is invalid and Rossi has no obligations whatsoever. Rossi’s being suspicious of IH intent during the last months of the test seems well founded. Temporarily withholding some IP, since there there are no time obligation on this delivery, seems like a very reasonable action from his side.
It is very interesting though, Weaver again changing focus from the MW test results to Rossi IP obligations (incl. territorial rights) … As I’ve been saying; this is the core of the whole saga.
Everything points to IH trying, but miserably failing, to use the “not paying” card in the IP negotiations with Rossi.
—8<———————
A little surprised to read this revealing comment by the Weaver this morning. He has been hinting it before, but now it becomes really obvious. This story is not about the MW Test at all, but all about IH stating that Rossi did not deliver all the IP according to their view of the license agreement. [lenr-forum link]
Shane D – I appreciate your attempt to clarify and don’t understand the confusion. IH has a paid up license to all ECat IP in the licensed territories. The IP hasn’t been transferred yet which may be remedied if one of Rossi’s Ecat reactors can be verifiably and successfully demonstrated/transfered to the satisfaction of IH. Rossi has a contract issue if he continues to fail to deliver on that $11.5M commitment / obligation.
The 1MW test is a separate matter. Rossi has imagined that he has succeeded in proving that his 1MW system has sustained a certain performance level for 350 out of 400 days with a fake customer and compromised measurement and data systems. There are numerous discrepancies, errors and deceptions on record. That list actually continues to grow. Rossi has claimed there is a legitimate legal dispute there and he will soon become more educated and aware of the IH response plans.
Main point here is Weaver seperating the issues of IP from MW test. He clearly sees Rossi having contractual obligations. If he for one second thought those were worthless (incl results of test), why bother at all?
In this perspective it is very probable that “substantiate” does mean IH not being able to get COP~50 (probably they got COP~11 which they tried to patent), and certainly not having all the new EcatX IP …
IH was probably trying to use the ERV report of MW test payment as basis for NDA covered negotiatons, but failed.
Some random summary notes:
- Rossi is supposed to deliver all current and future IP of the E-Cat technology to IH as long as the contract is valid. IH paid $11.5M for that license in the Americas, China, Russia and some other countries.
- Dubious IH actions during the last year made Rossi suspect that IH were not going to pay for the MW test, which IH did not even want to perform in the beginning. Actions include sharing IP with competitors and filing fake patents, even outside IH territory.
- Rossi’s prompt complaint surprised IH, getting into defensive mode. They were not planning on defending, they were planning on NDA covered negotiations with Rossi, incl. threats on lawsuits if he revealed anything to the public. The March 10 press release hints this clearly.
- We know the report shows COP of ~50 from both IH and Rossi sources. We know they agreed on Penon as ERV. So the only way for IH to keep the contract valid is to go all in dirty ad-hominem on Penon. Fun thing is that IH now needs to prove their own cluelessness and stupidity by first trusting Penon all the way for several years and 100M contractual dollars, and now doing a complete 180 …
- IH went from dancing ballets raising money from Woodford and the Chinese in the reactor, to bluntly state it did not work at all. Q: How can we trust people with anything they say, showing this kind of stupidity. A: Only conclusion (I actually rule out them being that stupid): They are desperately trying to play the really bad position they put themselves into by underestimating Rossi’s moves.
- It seem IH planned to steal the IP, distribute it to friends to reduce the Rossi business risk, patent it themselves, and bury Rossi under NDA and discredits.
- The focus on discreditng the Lugano Report (and Ferrara) by second hand armchair analysts is also interesting. This one has Darden publically acknowledged as a success. Lately Darden has been very busy trying to cover these tracks by trying to convinse the Lugano Team that they have been mistaken several times since 2011. Good luck!!! This also includes dirty irrelevant ad-hominem attacks on Levi … Darden also here needs to prove his own stupidity … Funny really!
As I said some time ago. For Rossi this is not about the money. Not even the $89M. It is about IP control and 50% of the world GDP market.
From my point of view this is now all about Leonardo (incl Hydro Fusion and maybe some smaller licensees). The IH contract is not valid anymore due to IH failing to pay and trying to steal IP. This will take years to settle, and during this time Leonardo and Rossi will continue to develop IP and products independently from IH. They will have to develop the inferior products from the IP they got before they breached the contract.
Below a new map showing possible E-Cat technology licensees. Some areas are unknown (since there are no confirmed buy backs), like France/Benelux, Switzerland and Slovenia. Due to IH stupidities their former territory is in limbo and will probably be underdeveloped short term. Focus will be on Europe and Leonardo in cooperation with Hydro Fusion.
Dewey made a few other commentaries that I thought 100% so obvious you would pick up with so I did not even bother to send the print screens over.
“Rossi signed an IP license agreement and took $$ in exchange. He is committed by contract to teach and exchange the contracted IP to the licensee. If he doesn’t deliver the IP and / or fails to teach the licensee adequately then contract issues come into play. In addition, have you noticed that the “Customer” arrangement isn’t even part of the contract?”
“Sifferkoll – your voice is becoming as weak as your logic. Your spin, attack and misinformation tactics are tired.
Rossi sued IH as part of his escape strategy to another set of investors (he should patent that business model if it was legal). If he is allowed to continue, he’ll soon be finished with you and your pals as well and off to his next escapade in Asia (you don’t know about that one yet). You’re already out your money so you just need to hope for the best instead of spewing vitriol all over the internet. IH has a paid-up license agreement in certain territories for whatever Rossi invents that is Ecat related. It will be in his absolute best interest to come through for somebody with something that veritably works some day soon.
At least we both want a cleaner planet – I’d advise that you also consider a hedged bet.”
“God bless you Hank! (I hope that is not offensive to you) – A couple of observations. Rossi signed a contract and accepted $11.5M in USD to deliver a technology that he claimed was working. So far, he has failed to deliver. Whether he can remedy that or not will be up to him. Failure to remedy will have consequences.
Regarding whether LENR technology works to the level that it can be applied to mitigate pollution within our lifetimes, while not creating other forms of pollution (heat, gamma, toxic waste??), is your real question. I believe that some very nice solutions are beginning to manifest and more than one solution will result in useful and affordable clean energy output within the next 5 years or so.”
These comments confirm exactly what you have been suggesting all along –
* Dewey Weaver and Industrial Heat is still fighting for the Rossi I.P while trying their best to discredit Rossi (and purchase all the competition)
* Dewey and Industrial Heat talks about “Hedged Bet” on a technology that they (Dewey Weaver) claims to not be working. Therefore it seems very probable they actually have been using the Rossi 1MW test to google up investors money.
* Dewey claims that if Rossi fails to teach the licensee how to use the products, the “adequately” the contract fails. Meaning that if they have more to gain, from hedging their bets but claiming not to have learned during three years how to use the technology, while funneling it through other channels.
Also noticed weird comments such as –
* Arguing that Sifferkoll has a economical interest in certain information. How can someone claim to be an investor in Industrial Heat and not understand that he is not in a position of making such accusations against others.
* Hinting that Rossi will do business with Asia. Sooo – Industrial Heat does business with Asia, I do business with Asia, many people do business with asia so that information has 0% validity and is nothing more than the very junior behaviour and trolling. Who cares IF Rossi or Leonardo does business with Asia, maybe he bought a screwdriver on Ebay. – That comment then followed by threats etc….
* Who cares what Dewey Weaver believe about Cold Fusion Technology and its efficiencies. He (and IH) clearly is painting a picture of them being incompetent, foul-mouthed and possible extremely corrupt. This does not necesarily has to be the case but who could be so stupid as to call you a spinner for writing something, and then a few days later confirm it. Extremely worrying junior behaviour from I.H
Also –
Dewey Weaver seems to be doing his first attempt to silence more replicators – claiming that he is holding out for Me356 and calling him “mate”. If Me356 has any integrity what so ever (which I am holding out for), Me356 wont even bother to fart in his face.
I’ve said it before and I’ll say it again. The more Weaver posts the more he digs a hole for himself and IH. Funny indeed.
In a court of law, it’s all about what you can prove, so what is the situation here.
I understand that I.H is well aware of his junior behaviour using public domains, but has not yet set out to stop him.
Hmmmmm
While we would all like to believe that mr banker Tom Darden is a nice harmless old man who just wants to best for everyone, Dewey Weaver has and is shredding that illusion to pieces.
The ‘spin masters’ in this Rossi affair are becoming increasingly more like fanatical whirling dervishes. They would spin the reality of the world of technology licenses into some inane dogma where everything is all about the money when in fact technology license agreements are primarily about non-disclosure and non-circumvention and respect for the technology and of the licensor aka Rossi. This is a perfect textbook example of ‘venture/vulture capital’ with new technology reaching the stage referred to by the VC’s, and historically almost always seen, as the ‘shoot the inventor stage.’
Torkel, I thought you and your readers would appreciate this “interlocking networks” link that was posted in a thread on ECW: https://thenewfire.files.wordpress.com/2016/05/lenr_ecat_fog.pdf
Yes, I just recently saw it. As I wrote on Lenr-forum, adding the Apco connections would make it even more interesting with the solar power lobbyists, tax dollar spending and huge political connections.
Yes, indeed. Of course the really big money threatened in solar is going in the (potential) solar energy trading markets.