SCOTUS to hear: Indiana farmer vs. Monsanto - '2nd generation seeds'

[sao123]

So you do not believe in contracts?

Terminator seeds were already internationally banned in 2005-2006. Why should we let them accomplish through contracts, that which was already decided they should not be able to do before?

 

[xBiffx]

Farmers have a right to plant what they own, and that includes the yield of their crops.

Not when they agree to not plant seeds from their harvests. This is an agreement that every farmer makes when purchasing seeds form Monsanto.

 

[dawp]

Well, according to Wired, the farmer bought two batches of seeds, one from Monsanto for the first planting and as second from a grain silo commodity seeds to use in a second planting later in the season after the first was harvested. it's this second, later batch that is the subject of this case as it was contaminated with the Monsanto genes, which the farmer did not know at the time.

http://www.wired.com/threatlevel/2012/10/self-replicating-patents/

 

[JTsyo]

Link.

I highly doubt that's the case. Plus, Monsanto isn't the only company people can buy from. DuPont, Bayer, etc, all sell stuff for farmers - either GM seeds, specially treated hybrid seeds, normal hybrid seeds, etc...

Link

What Monsanto says:

In a written statement, Monsanto spokesman Thomas Helscher said "Monsanto never has and never will sue a farmer if our patented seed or traits are found in his field as a result of inadvertent means.”

What farmers say:

But Gianni Ortiz, founder and director of FarmAssist Productions, a nonprofit advocacy group for small farms, says she is aware of nearly 900 court cases in which Monsanto won damages from farmers because their crops contained plants grown from its genetically modified organisms, or GMOs.

Ortiz says that one case Monsanto did not win involved a non-organic Canadian farmer. “There was truckload of GMO seed going from ’Point A’ to ‘Point B.’ The tarp came off the top of the truck and their seed blew into his field, and they went after him for years. They are very aggressive," she said.

 

[cybrsage]

If I was a farmer who did not use genetically modified seed and I found some in my crops, I would sue the seed maker for contaminating my field.

Turnabout IS fair play.

 

[bignateyk]

Used of those seeds make it easier on the farmer for the crop maintenance.

Yeah, so they can dump thousands of gallons of roundup on their crop to control the weeds. And then you get to eat all the roundup that gets dumped on the corn and absorbed by the fruit. Not to mention the devestating effect it has on the ecosystem around it.

 

[Brainonska511]

Yeah, so they can dump thousands of gallons of roundup on their crop to control the weeds. And then you get to eat all the roundup that gets dumped on the corn and absorbed by the fruit. Not to mention the devestating effect it has on the ecosystem around it.

Versus non-roundup ready corn, where you might need to dump thousands of gallons of other herbicides, which may be worse for the environment, toxic, and absorbed by the fruit better than round-up.

 

[EagleKeeper]

Yeah, so they can dump thousands of gallons of roundup on their crop to control the weeds. And then you get to eat all the roundup that gets dumped on the corn and absorbed by the fruit. Not to mention the devastating effect it has on the ecosystem around it.

If you are going to grow crops in bulk, you need to control the weeds in bulk

 

[crashtestdummy]

I'm really interested to see where this case goes. I'm not sure I know where I stand on it. I lean towards saying that they should be able to replant 2nd generation seeds, since that more matches with previous precedent. (Sort of a "fair use" policy for seeds, where you can replant seeds on your own property but not sell them to others.) At the same time, that would really hurt Monsanto's (or anyone else's) incentive to create products.

Regardless of this ruling, I think you're going to see that in the long term, there will be something of an open source genetic engineering movement that makes a lot of this largely irrelevant. As genetic modification becomes easier, you'll see the equivalent of a GMO linux, where non-profit foundations create collections of seed that they then make available to farmers worldwide for lower cost.

 

[Tango]

The whole food industry in this country is really, really, really fu**ed up.

 

[JoLLyRoGer]

I encourage anyone I know to watch this documentary:

Food, Inc.
http://www.imdb.com/title/tt1286537/

It addresses Monsanto for a good portion as well as other megacorporations that have a choke-hold on the food supply.
Very telling - it's available on Netflix.

 

[CADsortaGUY]

What happens to those who save seeds which then incorporate the patented gene because of open pollination?

IMO the farmer is not responsible to Monsanto in this case. They never signed a contract, nor choose the gene, Monsanto didn't control the gene and it spread. This should never have been in doubt in a common sense world... unfortunately we don't always live in one

 

[xBiffx]

The whole food industry in this country is really, really, really fu**ed up.

I encourage anyone I know to watch this documentary:

Food, Inc.
http://www.imdb.com/title/tt1286537/

It addresses Monsanto for a good portion as well as other megacorporations that have a choke-hold on the food supply.
Very telling - it's available on Netflix.

Monsanto and other GMO companies are not a part of the food industry. They are a part of the Ag industry. They are not responsible for how people use the bioproducts from their seeds. They fill a need and a demand of the food industry. That is all.

 

[CADsortaGUY]

Maybe not a complete monopoly but the seed market has consolidated greatly over the last 20 years into a handful of companies, and those companies are using their position and tactics to raise price and eliminate competitors. And one thing people don't realize is those mega companies pushes American politicians hard to sell their products internationally with trade agreements (like if India want to sell American xyz, they gotta buy American seed). Very often those genetically engineered seeds are more expensive, and without the right equipment, soil condition, weather, their yield are not as claimed, and hurt local farmer's life. That's one of the well documented source of anti-American sentiment.

These mega seed companies, especially their big brother Monsanto, is one of the worst behaving American company there is.

http://www.theecologist.org/News/ne...ed_by_monsanto_syngenta_bayer_dow_dupont.html

http://www.washingtonpost.com/wp-dyn/content/article/2009/11/28/AR2009112802471.html

http://www.reuters.com/article/2010/01/08/monsanto-antitrust-idUSN087196620100108

http://www.globalresearch.ca/killer...nsanto-s-genetically-modified-seeds-in-india/

Yawn.... Yes yes yes, Monsanto is a big bad company Up until 10 years ago it was a CHEMICAL company but has now morphed into a biotech company.

And while you are correct that the seed industry has consolidated in the past 20 years, there have also been MANY regionals who have become bigger players so ANY assertion that there is somehow a "monopoly" is just factually incorrect on every level.

Now as to Farmers and expenses etc. There is choice and it's the farmer's responsibility to choose the right seed/hybrid/variety for the land they farm. Yields vary based on many factors but there is so much technology in farming today it basically takes all the variables out EXCEPT for weather.

 

[CADsortaGUY]

If Monsanto doesnt want you to 2nd gen plant seeds imo, they should have engineers seedless crops.

If I buy a tangible product from you, I have every right to use or misuse the product as I see fit.This blending the lines between product and IP is bad for everyone.

lol. What good is a "seedless" soybean plant? Do you know what a soybean is? Also, what good would "seedless" corn be? Do you know what corn is?

:whiste:

 

[EagleKeeper]

Seedless corn cob - great for wiping one arse

 

[ElFenix]

Seedless corn cob - great for wiping one arse

i prefer the shells

 

[MrColin]

You can be sure this case was cherry picked by Monsanto to set a precedent that favors their business.There have been thousands of cases where pollen carried their patented genes into other seed producers fields and Monsanto sued for IP infringement.

This one is pretty much a slam dunk for Monsanto since the guy bought the seed from them to start with.

 

[CADsortaGUY]

Seedless corn cob - great for wiping one arse

Used in cosmetics, vitamins, and many other things.

 

[Wreckem]

Didnt see another thread and no on updated this one yesterday.

Monsanto won 9-0 in an opinion written by Justic Kagan.

 

[Wreckem]

You can be sure this case was cherry picked by Monsanto to set a precedent that favors their business.There have been thousands of cases where pollen carried their patented genes into other seed producers fields and Monsanto sued for IP infringement.

This one is pretty much a slam dunk for Monsanto since the guy bought the seed from them to start with.

Monsanto wasn't out to set precedent with this case. They aren't the ones who appealed, as they handily won at every level as the law was already on their side. Precedent was already set prior to the case, every court applied it it and that is why Bowman lost at every level.

 

[exdeath]

This is nothing. Wait until there is a patent on sunlight, water, and air.

 

[Doppel]

Nobody really likes Monsanto, but this ruling seems fair.

 

[Darwin333]

http://online.wsj.com/article/SB10000872396390443768804578038801313993688.html



This case has huge implications. I'm hopeful but not optimistic for the farmers given the conservative leaning majority but hopefully Monsanto will choke on this one. Farmers have a right to plant what they own, and that includes the yield of their crops.

Necro..... At least my post was damn near identical to when I originally responded.

 

[werepossum]

But the Commerce Clause is great! One can do anything with it.

QFT It's a 55-gallon barrel of Potion That Does Anything I Want.

Too bad it can't control bees.

Do not doubt the Commerce Clause, infidel. Its power is great.

I can see the court filing now. "Your Honor, the defendant used thousands of thieves to steal my client's patented work product."