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

[Hayabusa Rider]

lol, I was talking pollen but well played sir!

Well pollen is responsible...



I know you get the point though. In theory is it has even the potential to influence a penny in another state it is within the right of the Federal government to regulate it. Well, that's how the justification goes for those who like these measures for their own agenda, however, when it goes against them some appeal to a more direct reading of the Constitution. My point is that like genetic material loosed in the wild, once it's out there it's out and not much of a chance for a recall.

Anyway, I don't buy into the food itself being harmful, but that the people making decisions are too ignorant of the science to be making these calls of what should be allowed in the environment. Genetic material can move by means other than sexual reproduction and I don't know if that was ever considered when products are approved.

 

[Throckmorton]

From my perspective there's one looming unspoken issue and is "what ecological disaster is in the making"? Genes do not just stay in one organism as there are mechanisms for them spreading into other living things. This could be kudzu, dutch elm disease, chestnut blight, zebra mussels and starlings all rolled up together.

These are plants, not bacteria. The genes from corn aren't going to magically integrate themselves into octopuses.

 

[Brainonska511]

The problem is pretty much every farmer has to pay Monsanto now because seeds don't just stay where they're planted, they migrate to neighboring fields. That means farmers who never wanted anything from Monsanto but have fields near Monsanto-planted fields get sued by Monsanto for the fact that Monsanto's seeds find their way into neighboring seed stocks.

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...

 

[Hayabusa Rider]

These are plants, not bacteria. The genes from corn aren't going to magically integrate themselves into octopuses.

I know they aren't bacteria

 

[bononos]

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

I thought one issue in big debate over approval of GMOs that safeguards would be taken that GM crops would not contaminate other non-GMO crops.

 

[MovingTarget]

The problem is pretty much every farmer has to pay Monsanto now because seeds don't just stay where they're planted, they migrate to neighboring fields. That means farmers who never wanted anything from Monsanto but have fields near Monsanto-planted fields get sued by Monsanto for the fact that Monsanto's seeds find their way into neighboring seed stocks.

This. I understand Monsanto wanting to protect its IP, but IMHO this situation is far more dangerous and could undermine agriculture in the US. Farmers for thousands of years have saved their own seed. Here in the US, we used to have a system whereby farmers would get together with the land grant universities to save and distribute "public seed". That is all but gone now, especially for the soybean crop. Farmers have been sued into oblivion because they didn't pay their "rent" to Monsanto, despite never wanting to use their product. I also worry about this from a crop diversity standpoint. The agricultural monoculture that Monsanto promotes could one day lead to crop-wide failure that would otherwise only affect a small percentage of a diverse crop.

 

[sao123]

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.

 

[Wreckem]

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.

When you purchase a product, especially on a contract, you agree to said contract. So no you aren't free to use/misuse. Not unless you want to be sued on the contract.

 

[Hayabusa Rider]

I thought one issue in big debate over approval of GMOs that safeguards would be taken that GM crops would not contaminate other non-GMO crops.

There are also safeguards which prevent oil spills.

 

[Moonbeam]

To claim ownership of a gene is against the Will of God. Everybody can feel that.

 

[kage69]

To claim ownership of a gene is against the Will of God. Everybody can feel that.

Clarence Thomas ain't feeling it.

 

[BrunoPuntzJones]

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.

Seedless corn...now there's a hell of an idea.

 

[kage69]

Seedless corn...now there's a hell of an idea.

What a concept! He may have been referring to sterilized progeny though...

If anyone is wondering why Monsanto has such a horrible image just look into their "terminator" seeds. Contemplate what that means in a world where pollinators don't acknowledge human laws, and that many farmers (particularly poor ones, you know like in India) simply cannot afford to be completely at the mercy of Monsanto's pricing schemes or "IP protection measures." I've heard people describe it as a war on all things heirloom.



I'm honestly amazed that India even talks to us, after what Dow Chemical did and now companies like Monsanto. Breaks my heart to hear about the rampant suicide among their farming communities.

 

[EagleKeeper]

To claim ownership of a gene is against the Will of God. Everybody can feel that.

When did God's will get filed. In what jurisdiction?

 

[dawp]

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.

You can't have a seedless corn crop since the corn itself is the seed. Sterile maybe, but not seedless.

 

[vailr]

Whoever it was that decided that genes can be patented doesn't have a firm grasp on reality.

 

[piasabird]

Monopolistic power comes to mind.

 

[GoPackGo]

So if I am farmer and I grow non-gmo corn and another bastard's gmo corn infects my crop can I sue Monsanto?

 

[Darwin333]

I despise Monsanto but if the farmers signed a contract to not replant seeds, which I am fairly certain they did, I don't see how they have a case.

 

[Darwin333]

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.

So you do not believe in contracts?

 

[Darwin333]

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...

They have sued many a farmer who never purchased a thing from Monsanto but their neighbors did and it cross pollinated their fields.

http://www.sustainablebusiness.com/index.cfm/go/news.display/id/23451

 

[FuzzyBee]

So if I am farmer and I grow non-gmo corn and another bastard's gmo corn infects my crop can I sue Monsanto?

You can sue anybody you want. Doubtful you'd win, though. In fact, it may cause Monsanto to counter-sue you for using their patented-gene plants.

 

[Moonbeam]

I despise Monsanto but if the farmers signed a contract to not replant seeds, which I am fairly certain they did, I don't see how they have a case.

You can't sign a contract that is against the Will of God as you can't sign a contract to be a slave. Seed is to be planted so you can't sign a contract that violates the nature of seed. This is obvious to very human being. It's time for civil disobedience, revolution, and jury nullification. Law is not justice and everybody knows what justice is.

 

[Darwin333]

You can sue anybody you want. Doubtful you'd win, though. In fact, it may cause Monsanto to counter-sue you for using their patented-gene plants.

And if case history is anything, I would wager that Monsanto would win even though common sense would seem to dictate the opposite. There "stuff" infringed on his property due to no fault of the property owner yet Monsanto has successfully sued people for IP infringement. From what I have read most farmers simply settle out of court and become customers basically at gun point.

But you would think (well, I would think at least) that the property owner is the one being infringed upon since he had no desire to have Monsanto's crops growing on his property and, again, due to no fault of his own has some of his crop pollinated/infested/whatever you want to call it with their crop.

 

[Darwin333]

You can't sign a contract that is against the Will of God as you can't sign a contract to be a slave. Seed is to be planted so you can't sign a contract that violates the nature of seed. This is obvious to very human being. It's time for civil disobedience, revolution, and jury nullification. Law is not justice and everybody knows what justice is.

God didn't make this seed though, man did.