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Plant a Seed, Get Sued?

Friar_MJK writes "Now even traditionally non-tech-savvy farmers are getting the rap for piracy. This isn't your grandma's p2p filesharing, but rather replanting bio-engineered seeds. Somehow the powers-that-be got the idea that replanting seeds grown from your own soil is a crime. A company called Monsanto sells those specially engineered seeds, and according to their license agreements, they make it illegal to replant the seeds harvested from a previous crop. To enforce this, they have brought many hard-working farmers to court and even thrown some in jail. According to the story, the company has not lost a case yet." We've had a couple of stories about Monsanto suing a Canadian farmer, but there hasn't been a lot of U.S. press devoted to the issue.

732 comments

  1. Mother Nature Brought up on Charges by ackthpt · · Score: 5, Funny
    Somehow the powers-that-be got the idea that replanting seeds grown from your own soil is a crime.

    "I swear, it looked like one of mine", exclaimed Ms. Nature, while being being booked. Several scattered, unharvested seed from a bio-engineered crop sprouted this Spring and the Monsanto Seed Police were right on top of it.

    Unrelated to this incident, Peter Rabbit was charged with Intellectual Property theft, after taking a bio-engineered cabbage from Farmer McGregor's garden. "It sure looked good, all big and green, but it tasted like wood pulp", stated the incarcerated rabbit.

    In other news, to show it's kind heart, Monsanto was offering assistance to Tsunami victims. "As long as they don't try replanting our seed", said an anonymous source within the company.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Mother Nature Brought up on Charges by jazman_777 · · Score: 0, Offtopic
      Unrelated to this incident, Peter Rabbit was charged with Intellectual Property theft, after taking a bio-engineered cabbage from Farmer McGregor's garden. "It sure looked good, all big and green, but it tasted like wood pulp", stated the incarcerated rabbit.

      Ha ha, I was watching the Peter Rabbit cartoons just last night. With my two youngest children, of course, but it's got that dry British humor and I like it. (The cartoons are funnier than the books.)

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    2. Re:Mother Nature Brought up on Charges by shitdrummer · · Score: 3, Funny

      This just in...

      The Easter Bunny has just announced that, starting this year, all Easter eggs will be replaced with Monsanto GM Chocolate Tomatoes.

      Disclaimer... Anyone experiencing the mild side effect of having Monsanto GM Chocolate Tomato vines growing out your ears due to eating GM Chocolate Tomatoes will be required to apply for a specially discounted "personal use" license. Volume discounts are available on request.

      I now return you to your regularly scheduled posts.

      Shitdrummer.

    3. Re:Mother Nature Brought up on Charges by Anonymous Coward · · Score: 0

      Oh well, as long as its Tasti-Lookin we're gonna be just fine!

    4. Re:Mother Nature Brought up on Charges by secretsquirel · · Score: 0
      "The Easter Bunny has just announced that, starting this year, all Easter eggs will be replaced with Monsanto GM Chocolate Tomatoes."

      Ya every year we get these imposter, gen-enged chocolate easter egg laying bunnies; but every year theres only one bunny who gets to be gen-enged to lay Cadbury chocolate easter eggs! Because there's only one Cadburry Bunny, sorry guys. And if we find any more you better hope its not living on your property, because we'll sue your nuts off!

    5. Re:Mother Nature Brought up on Charges by Anonymous Coward · · Score: 0

      That Peter Rabbit isn't exactly a saint, you know.

    6. Re:Mother Nature Brought up on Charges by Coral+Snake+USA · · Score: 1

      This is just more proof that we have to find a way of getting rid of BOTH the "Left Wing" (Communist/Socialist) and the "Right Wing" (Corporatist Fascist) wings of the "NEW WORLD ORDER" and get back to the idea of Constitutional Republics based on the concept of INDIVIDUAL RIGHTS and the primacy of the PUBLIC DOMAIN over "Intellectual Property" in the grants of copyrights and patents. THis should also mean NO patent grants on software and no copyright or patent grants on life forms before the "New World Order" kills us all with its stupidity, greed and totalitarian arrogance ON BOTH SIDES there of.

    7. Re:Mother Nature Brought up on Charges by Anonymous Coward · · Score: 0

      We'd need like a third party or something for that...

    8. Re:Mother Nature Brought up on Charges by Tycho_Atreides · · Score: 2, Interesting

      This is interesting -
      Monsanto bribes officials
      Apparently Monsanto doesnt like to play by the rules either.

    9. Re:Mother Nature Brought up on Charges by TekPolitik · · Score: 3, Funny

      Well I for one am in favour of mandatory castration for all Monsanto executives so we can ensure that their seed is never planted anywhere.

    10. Re:Mother Nature Brought up on Charges by ArtStone · · Score: 1

      The case cited in the article where a farmer (Kem Ralph) went to prison - the farmer went to jail because he LIED IN COURT about what he had done, not because he breached his contract with Monsanto, which is a civil matter, not criminal.

      http://www.grain.org/bio-ipr/?id=416
      http://law s.lp.findlaw.com/fed/031243.html

      "Ralph initially represented under oath that he had not stored any seed, but the district court found that, after being confronted with evidence from Sinkers that he had stored cottonseed there, he admitted that the seed had existed."

      --
      Final 2006 "Proof of Global Warming" US Hurricane Count -> 0
    11. Re:Mother Nature Brought up on Charges by storm916 · · Score: 1

      Ahhh!...We are losing our freedom. And for what? So some losers can get *richer*

  2. first post by Anonymous Coward · · Score: 3, Interesting

    simple for the farmers. Don't buy their seeds.

    1. Re:first post by Marxist+Hacker+42 · · Score: 4, Interesting

      simple for the farmers. Don't buy their seeds.

      Not so simple- if your NEIGHBOR buys their seed, and you have the same type of crop, cross pollination by the wind could turn you into an Intellectual Property Pirate.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    2. Re:first post by still_sick · · Score: 2, Insightful

      Yes, certainly.

      Bringing about THOSE TYPES of lawsuits is a very dubious thing to do. Monsanto (I believe) has done this in the past, and it should not be allowed.

      But if you'd RTFA - in the case we're talking about now, the guy saved and re-used the seeds he bought from Monsanto - which he had previously agreed not to do.

      In this specific instance, Monsanto has a good case. But indeed, in the ones that you refer to - they're just being ignorant assholes.

      --
      ...Also, I didn't know Buggalo could fly.
    3. Re:first post by bob+beta · · Score: 4, Insightful

      Nope. You never signed an agreement with Monsanto. You're not breaking any agreement.

      Don't weave up a whole arguement based on a contrived supposition.

    4. Re:first post by whopis · · Score: 2, Informative

      Exactly!

      This is nothing unusual or unreasonable. The farmer's have an agreement with Monsanto. The agreement lets them use the seeds they bought to produce a single crop. If they don't like that agreement, then they don't have to buy the seeds!

      This, by the way, is one of the main reasons that seedless crops have been developed. There is, of course, the benefit of not having to deal with the seeds when harvesting or eating the produce, but it also helps enforce the use agreements on them.

      Next time you go to a nursery, have a look at the plants for sale. Most specialty hybrids will have usage restrictions printed on them, preventing you (legally at least) from growing new plants from cuttings, etc...

    5. Re:first post by Anonymous Coward · · Score: 0

      no because cross pollination will not produce the same engineered seeds. WHATS the issue here MONSANTO are simply protecting there investment and research

    6. Re:first post by EEBaum · · Score: 3, Insightful

      There was a suit filed, in Canada IIRC, over just this a while back. A farmer's crops were found to include GM plants matching those engineered by a nearby company (the seeds had blown onto their land). The company demanded that said crops (and I think the land they were on) be given to them as damages. I don't recall how it turned out.

      --
      -- I prefer the term "karma escort."
    7. Re:first post by Anonymous Coward · · Score: 0

      "Not so simple- if your NEIGHBOR buys their seed, and you have the same type of crop, cross pollination by the wind could turn you into an Intellectual Property Pirate." No, the NEIGHBO(U)R didn't agree to the legally binding contract.

    8. Re:first post by Marxist+Hacker+42 · · Score: 2, Informative

      No, the NEIGHBO(U)R didn't agree to the legally binding contract.

      Doesn't matter according to Monsanto- and they won that case too.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    9. Re:first post by whopis · · Score: 1

      Believe it or not, some of those seeds come with requirements to make efforts to reduce spread of pollen. This is done to both reduce the spread of the product and avoid potentially dangerous hybrids with other plants.

      For example, many hybrid crops are made to be resistant to specific pesticides (i.e., Round-Up, also made by Monsanto). That allows the farmers to use those pesticides freely, killing everything else, but leaving their crops unharmed. If those traits were to start showing up in wild versions of the crops, or in 'weed' plants, it could greatly curtail agricultural production.

    10. Re:first post by Anonymous Coward · · Score: 0

      No, but you violate the patent.

    11. Re:first post by Oktober+Sunset · · Score: 3, Insightful
      surely you should be able to sue for criminal dammage, as thier crops are contaminating your crops/land, this would be especially true if your crops were organic as your crops would be devalued.

      Just as if a record company came into my house and recorded thier songs on my blank CDs, they couldn't sue me for pirating thier songs, but I would sue them for damaging my CDs.

    12. Re:first post by Anonymous Coward · · Score: 3, Informative

      You might like to read this:

      http://www.ipsnews.net/new_nota.asp?idnews=27041

      Quoting that article:

      "In the well-known case of Canadian farmer Percy Schmeiser, pollen from a neighbour's GE canola fields and seeds that blew off trucks on their way to a processing plant ended up contaminating his fields with Monsanto's genetics.

      The trial court ruled that no matter how the GE plants got there, Schmeiser had infringed on Monsanto's legal rights when he harvested and sold his crop. After a six-year legal battle, Canada's Supreme Court ruled that while Schmeiser had technically infringed on Monsanto's patent, he did not have to pay any penalties."

      Sure, in the end he didn't have to pay any penalties, but he still had to endure a 6 year legal battle.

    13. Re:first post by stupidfoo · · Score: 2, Funny

      blew off trucks on their way to a processing plant ended up contaminating his fields with Monsanto's genetics.

      Oh, yeah. And these movies just happened to sprinkle onto my computer on the way to my neighbors house.

    14. Re:first post by AnotherShep · · Score: 2, Informative

      Here is a news article regarding that. It was for the roundup-ready canola.

    15. Re:first post by Rei · · Score: 1

      I think I'm going to patent a new Solar Additive, to improve the effectiveness of sunshine. Oh, by the way, it might contaminate your sunshine too, so you'll be liable for payment to me.

      --
      We're practicing our labials.
    16. Re:first post by EEBaum · · Score: 1

      Drat, it would help if i would RTFBlurb.

      --
      -- I prefer the term "karma escort."
    17. Re:first post by tepples · · Score: 2, Insightful

      After a six-year legal battle, Canada's Supreme Court ruled that while Schmeiser had technically infringed on Monsanto's patent, he did not have to pay any penalties.

      But at least it sets up a precedent for other Canadian farmers to make it into an open-and-shut case.

    18. Re:first post by Rei · · Score: 1

      See, the farmer shouldn't have replanted. He should have genetically engineered it himself.

      --
      We're practicing our labials.
    19. Re:first post by Skevin · · Score: 1

      specific pesticides (i.e., Round-Up, also made by Monsanto). That allows the farmers to use those pesticides freely, killing everything else, but leaving their crops unharmed.

      Round-Up is a pesticide? Every plant I spray it on seems to die in a few days... or are you implying that Monsanto considers every crop they do not distribute as a "pest"?

      Solomon Chang

      --
      "Twice half-assed makes an ass whole." --Solomon K. Chang
    20. Re:first post by Shulai · · Score: 1

      Oh, yes! I see it coming!

      GNU/Corn, from a long bearded Massachusets farmer.

    21. Re:first post by jcr · · Score: 1

      In which case, you sue Monsanto and demand that they pay your damages for failing to invent a GM crop that didn't produce pollen, thereby "polluting" your crop and cutting into your "organic" food business.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    22. Re:first post by Rei · · Score: 4, Funny

      And if a rancher started messing around with it, they could have a GNU/Herd. :)

      --
      We're practicing our labials.
    23. Re:first post by B3ryllium · · Score: 2, Funny

      Great, just what we need. Gigantic walking cornstalk armies.

    24. Re:first post by Anonymous Coward · · Score: 0

      it would be just awful if the Monsanto seed were deliberatly spread over Federal land and over all available corn fields as a protest.

    25. Re:first post by mrchaotica · · Score: 1

      Well, Monsanto has sued in that situation too!

      That's as absurd as Claria installing spyware on your computer and then suing you for having a copy of it!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    26. Re:first post by Dr.+GeneMachine · · Score: 1
      or are you implying that Monsanto considers every crop they do not distribute as a "pest"?

      That is exactly the definition here. Roundup is a "total" pesticide - killing everything but the roundup-resistant monsanto strains.

      --
      This comment does not exist.
    27. Re:first post by kd5ujz · · Score: 1

      Round-up is a herbicide.

      --
      -William
      God is everything science has yet to explain.
    28. Re:first post by BrokenHalo · · Score: 1
      Round-Up is a pesticide? Every plant I spray it on seems to die in a few days...

      Indeed, Roundup is a herbicide (which, in itself it relatively benign - coffee is widely regarded by many chemists as more toxic). The principle is that by running a total monoculture, the farmer can maximise his profit margin.

    29. Re:first post by Yartrebo · · Score: 1

      This would be both insignful and plainfully obviously is if was the case, but GM companies can do the equivalent of recording a song on your CD-RWs, overwriting your personal recordings you were going to sell, and then charging you for copyright infringement.

      At least according to the case with the Canadian farmer who had his field infested with the GM stuff from cross-pollination and did try to sue for damages because his crop was no longer considered organic. Monsanto won, and won big in that case.

    30. Re:first post by Thomas+Shaddack · · Score: 1

      Can you counter-sue then, for twice the amount, as a punitive damage for allowing contamination of your crop?

    31. Re:first post by stratjakt · · Score: 1

      Coffee is a herbicide? Or are you talking about threat to humans?

      I'd always thought coffee grounds made good compost?

      --
      I don't need no instructions to know how to rock!!!!
    32. Re:first post by ZB+Mowrey · · Score: 2, Funny
      Great, just what we need. Gigantic walking cornstalk armies.

      I, for one... oh, fuck it.

      --

      Self-referential sigs are rarely entertaining.

    33. Re:first post by Anonymous Coward · · Score: 0

      Not so simple for farmers trying to make a living -

      ADM, for instance, pays higher rates for soybeans that are "Roundup Ready" - Why? are those soybeans better in some way? - No, the reason is to soften resistance to GM crops.

    34. Re:first post by ckaminski · · Score: 1

      It's a fucking travesty that I have to have my crops DNA tested before sending them off to market. And even then, I surrender my profits because my organic-grown, compost-fed crops are ruined by my neighbors super seeds?

      Fucking insane. This Intellectual Property shit is getting out of hand...

    35. Re:first post by The+Slashdot+Guy · · Score: 1
      I think I just found my new career!


      Thank you.

    36. Re:first post by BrokenHalo · · Score: 1

      No, coffee is not a herbicide - unless you pour it on plants while it is still hot.:-)

    37. Re:first post by corporatemutantninja · · Score: 1
      Between the text of the original post and all the responses, I sense a certain hostility to Monsanto. Everyone cries about "what if the seeds blow across the road" and "how could it be a crime to plant seeds that I grow?". Ok, two facts:

      1) You sign a license when you buy the seeds and you agree not to replant. Simple.
      2) If you haven't signed a license, and seeds blow across the road, Monsanto can't sue you because you never signed a license.

      I know at first glance Monsanto sounds like the RIAA, and Slashdotters are apparently all too willing to villify them, but they spend a lot of money developing these crops and they have a right to decide how they're licensed.

      --
      Actually, I was trying to be Insightful, not Funny.
    38. Re:first post by NoMercy · · Score: 1

      They have done it in the past, but If your a organic farmer, then you could probably sue for milions.

      I guess monsanto just wanted to be the first to court and hope the other guy doesn't get the idea of sueing them for damages to there crop.

    39. Re:first post by legirons · · Score: 1

      "Not so simple- if your NEIGHBOR buys their seed, and you have the same type of crop, cross pollination by the wind could turn you into an Intellectual Property Pirate."

      By planting on this land you agree to the following terms and conditions...

      But seriously, what IP law can a seed possibly infringe upon? It can't be copyright because monsanto didn't create the seed, they just modified it. It can't be a trade-secret because nobody's trying to extract information from the seed. It can't be a patent because the farmer hasn't used any genetic-engineering techniques, they're just replanting, and it can't be contract law in the cases where seeds were blown in and not purchased (and even when purchased, you have the whole "EULA are invalid" debate).

    40. Re:first post by flight666 · · Score: 1

      BZZT! Wrong answer, dude. These are _patents_ we are talking about. It doesn't matter if you signed a licence agreement or not. It doesn't matter if you planted them, or they were blown in from your neighbor. If you have GM crops in your land, you are in violation and owe Monsanto $$.

    41. Re:first post by SilverspurG · · Score: 1

      Did they pay Tolkien for the royalties on armies of walking plants?

      There might be a lawsuit in there.

      --
      fast as fast can be. you'll never catch me.
    42. Re:first post by SilverspurG · · Score: 1

      are you implying that Monsanto considers every crop they do not distribute as a "pest"?

      They're setting a legal precedent on the word "herb", actually. Monsanto wants to sue growers once it's legal.

      --
      fast as fast can be. you'll never catch me.
    43. Re:first post by SilverspurG · · Score: 1

      1) You sign a license when you buy the seeds and you agree not to replant. Simple.

      I'm going to take the same stance that I take with the media companies:

      What the &$@% did you expect a farmer to do? What do farmers do? They plant seeds. If you don't like it, quit selling to that farmer. Lawsuits against customers are unacceptable.

      This legal hogwash has got to go.

      --
      fast as fast can be. you'll never catch me.
    44. Re:first post by mikael · · Score: 3, Insightful

      If Monsanto can't control the self-installation of their own products, doesn't that make their product "malware". If any other company claimed a patent on a technology that would self-install itself on other people's property without their permission, they would be sued out of existance.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    45. Re:first post by Alsee · · Score: 1

      Wow, you have movies that produce pollen? A process that has been specifically OPTIMIZED for the explicit purpose of blowing and sprinkling around to contaminate and infest anything it can? Optimized over two billion years of evolution for that single goal.

      If so then perhaps you should patent those movies. Even if nobody buys a single one from you, you can still sue your neighbors.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    46. Re:first post by berzerke · · Score: 1

      ...Sure, in the end he didn't have to pay any penalties, but he still had to endure a 6 year legal battle.

      Lots of people (including myself) would feel that enduring a 6 year legal battle (and costs!) is a penalty.

    47. Re:first post by berzerke · · Score: 2

      ...If you haven't signed a license, and seeds blow across the road, Monsanto can't sue you because you never signed a license...

      Ah, but this was exactly the case in the Canadian farmer's case. Seeds landed on his property on their own, and Monsanto did sue, and won. Signing a license is not required to be sued successfully. This is the hostility stems from more than anything else.

    48. Re:first post by Guppy06 · · Score: 1

      When was the last time your average slashdotter actually saw sunlight?

    49. Re:first post by Alsee · · Score: 1

      It's a fucking travesty that I have to have my crops DNA tested before sending them off to market.

      No, sending them to market is fine. You only have to test them before you plant them.

      Oh course testing a seed kinda tends to destroy it, so I guess you could just test some seeds and plant the the other ummm.... untested seeds.... or something.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    50. Re:first post by dark_requiem · · Score: 1

      Which is truly ridiculous. Allowing their IP to reproduce viable seeds which can be spread without human intervention means that they are essentially opening it to public access. If I show someone my new invention, and I don't make them sign a legally binding non-disclosure agreement, I have no expectation that they will not use what they have seen. Similarly, if I allow my product to spread and multiply without human intervention, I can have no expectation that it will not do so. Another example of our warped legal system.

    51. Re:first post by ShieldW0lf · · Score: 1

      I know at first glance Monsanto sounds like the RIAA, and Slashdotters are apparently all too willing to villify them, but they spend a lot of money developing these crops and they have a right to decide how they're licensed.

      I've said it before, and I'll be called upon to say it again...

      IF NO ONE ASKED YOU TO CREATE SOMETHING, YOU HAVE NO RIGHT TO EXPECT TO GET PAID FOR DOING SO!

      If we didn't live in such a tremendously fucked up society, I'd say there's one word for people that "spend a lot of money developing these crops" and that one word would be STUPID.

      But we do live in a tremendously fucked up society, so I'm forced to switch that word to EVIL.

      Have a nice day Monsanto execs... and look both ways before you cross the street, cause I won't be slowing down for you, you scumbags.

      --
      -1 Uncomfortable Truth
    52. Re:first post by ArtStone · · Score: 1

      There is no argument in these cases that the farmers were innocent bystanders. Monstanto goes after them because that specific farmer had signed a contract agreeing to not replant the seeds.

      What part of "Do not steal" is so hard to comprehend?

      --
      Final 2006 "Proof of Global Warming" US Hurricane Count -> 0
    53. Re:first post by ArtStone · · Score: 1

      >What the &$@% did you expect a farmer to do?

      You "save seed" that is in the public domain and plant it the following year. But then you cannot use the Roundup herbicide (made by Monstanto) on your soybeans after they are planted, because the soybean plants will die. You have to use other more expensive ways to destroy the weeds in the crop after the crop germinates.

      If you make less money than if you buy Monsanto's seeds, eventually you go out of business. If you buy their seed and make more money, you are successful.

      If people made less money by buying Monsanto's seeds, those people would fail and would stop buying Monsanto's seed. According to the article, 85% of farmers growing soybeans in the US use these type of beans.

      Several people stated incorrectly what these beans do - they do not create Roundup and Roundup is a herbicide, not a pesticide. You only achieve the benefit of the Monsanta beans if you spray Roundup on the plants as they are growing.

      So a soybean farmer who comes into town and buys Roundup to spray, but hasn't bought any beans in the spring is a dead giveaway that he is doing this.

      Making money by not paying Monstanto and receiving the benefits of their technology is called "stealing".

      --
      Final 2006 "Proof of Global Warming" US Hurricane Count -> 0
    54. Re:first post by SilverspurG · · Score: 1

      If people made less money by buying Monsanto's seeds, those people would fail and would stop buying Monsanto's seed.

      That's arguable. Considering the market share that Monsanto has they can afford to subsidize the success of their member farmers and still be profitable.

      Making money by not paying Monstanto and receiving the benefits of their technology is called "stealing".

      Morally I'm with you but there isn't a single company on the planet which has demonstrated moral character in my eyes. Companies don't get my moral consideration.

      I guess lawyers are entitled to a job just like anyone else. Litigating against customers still doesn't sit right with me. Unless the farmer was into a prostitution ring (or whatever) on the side then he's still a productive member of society and, in my opinion, the company should suck it up as expected risks of being in business. No, I don't think that should be a tax writeoff. I don't want to pay for someone else's bad business model.

      --
      fast as fast can be. you'll never catch me.
    55. Re:first post by corporatemutantninja · · Score: 1
      I realize this thread is pretty much dead, but this is the single stupidest thing I've ever read on Slashdot (and that's saying something) so I can't resist calling attention to it:

      "IF NO ONE ASKED YOU TO CREATE SOMETHING, YOU HAVE NO RIGHT TO EXPECT TO GET PAID FOR DOING SO!"

      Not only that but he admits having said it before. Amazing.

      --
      Actually, I was trying to be Insightful, not Funny.
    56. Re:first post by AK+Marc · · Score: 1

      BZZT! Wrong answer, dude. These are _patents_ we are talking about. It doesn't matter if you signed a licence agreement or not. It doesn't matter if you planted them, or they were blown in from your neighbor. If you have GM crops in your land, you are in violation and owe Monsanto $$.

      BZZT! You are wrong too. What does a patent protect? It doesn't protect people from using your product without your authorization. It doesn't protect people from making your product without authorization. It doesn't protect from people receiving your product without authorization.

      If this was simply a patent matter, then there was no patent violation. Patent lay may be different in Canada, but in the US, the patent would not have been violated in this case (well, certainly not by the farmer in question, the farmer that purchased the seed and the company that transported it may have issues).

    57. Re:first post by MegaHyster · · Score: 1

      Next, open source corn?

      --
      All good things...
    58. Re:first post by Anonymous Coward · · Score: 0

      Well yes, actually patents do protect against unauthorized use. If you have a patent, you can sue anyone who makes, sells or uses anything that contains parts as described in the patent, without your permission. This is why patents are so much more powerful than copyright, and why even congressmen can understand that it's not necessarily a good idea to extend them to copyright-like lengths.

    59. Re:first post by AK+Marc · · Score: 1

      If you have a patent, you can sue anyone who makes, sells or uses anything that contains parts as described in the patent, without your permission.

      Hmmm. As I read the law, you are right. However, I remember CueCat losing the case of freely distributing a patented device, then telling people they were not allowed to use it. I also can't find it, but I was told when I was in school that patents were a commercial restriction. That is, if you were to make it in your own home for educational purposes, but never use (other than testing) or sell it that it wasn't a patent violation. But, since I can't find any mention, I'll presume it was like the description of Fair Use I was given (by teachers that violated copyright with large sections of books copied for class), in that it was simply wrong.

    60. Re:first post by evilmousse · · Score: 1


      and i will call it... a greenhouse.

    61. Re:first post by http101 · · Score: 1

      Forget malware, I'd like to think of it as an edible "virus". Since cross-pollination was mentioned, the pollen acts as a virus, attaching itself to a "bee" packet and traveling across the network (my neighborhood's gardens). My other, probably more important question is, with all this concern over a friggin' seed, what's to stop them from "eliminating the competition"? What if their seeds were to carry a genetic program or malformed "patch" for other plants of the like-variety - causing the real stalk of corn to die? What then?

      --
      -- Game Developers: Stop porting badly-textured games from crappy console systems!
    62. Re:first post by Marxist+Hacker+42 · · Score: 1

      Tried and failed- Monsanto won the case (though after 6 years, the farmer involved didn't have to pay any damages, at least).

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  3. OBSIMPS by Anonymous Coward · · Score: 0

    hrm, someone must have been making jokes about the shinnin' again..

    you mean shining?

    shinnin' boy, yanta get sued?

  4. first by Anonymous Coward · · Score: 0

    first

  5. Plant A Seed, Get sued... by CyberHippyRedux · · Score: 2, Insightful

    Sounds like the final nail in the coffin for the independant (non-corporate) American Farmer.

    1. Re:Plant A Seed, Get sued... by jazman_777 · · Score: 3, Interesting
      Sounds like the final nail in the coffin for the independant (non-corporate) American Farmer.

      Monsanto is the true farmer's Sauron. Monsanto is about chemical factory farming (in other words, anti-Farming). My best friend is a small farmer. He has some livestock, he leases out his tobacco allotment (this is Virginia), and he raises some small "cash crops" which are all legal and vary from year to year. Unless he's not telling me everything. He steadfastly refuses to use chemicals and accept subsidies (except for that tobacco allotment thing).

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    2. Re:Plant A Seed, Get sued... by bob+beta · · Score: 1

      Final nail in the coffin?

      You mean no other seed companies exist?

      (disclaimer- I often have to slow down to avoid running over chickens on the way to work in the morning, and across the road from our house there is either a few hundred acres of corn or soybeans each summer)

    3. Re:Plant A Seed, Get sued... by JohnTheFisherman · · Score: 2, Informative

      Are you implying that independent farmers are *all* IP thieves who break their contracts with seed distributors?

      This is not the case of some poor, hapless chump who had some accidental cross-polination imposed upon him, this is someone who knowingly bought Monsanto's seed, agreed not to harvest the seeds, and did so anyways. Sounds like an open and shut case, and no threat whatsoever to American farmers who honor their contracts.

    4. Re:Plant A Seed, Get sued... by Skevin · · Score: 1

      >You mean no other seed companies exist?

      Well, actually, there aren't a whole lot of other distributors of *genetically modified* plants, being a touchy subject and all. Obviously, if they haven't removed the ability of their plants to produce more seeds, then maybe they don't have complete mastery of the crop's genome as they would have us believe, and there may be side effects to eating them... but that's a completely different story for another day.

      Solomon Chang

      --
      "Twice half-assed makes an ass whole." --Solomon K. Chang
    5. Re:Plant A Seed, Get sued... by terrymr · · Score: 1

      Maybe, maybe not.

      not in iraq anyway : http://www.grain.org/articles/?id=6

    6. Re:Plant A Seed, Get sued... by Rostin · · Score: 2, Informative

      Only insightful to people who also don't know what they're talking about.

      My dad is an independent farmer with a medium sized operation. When it comes to corn and cotton, all he plants is genetically engineered seed. It just so happens that pest resistant seed is a lot cheaper in the final analysis than "natural" seed + chemical pesticide application. Yes, even taking into consideration the fact that he has to buy the seed every year.

    7. Re:Plant A Seed, Get sued... by Chris+Burke · · Score: 4, Insightful

      When it comes to corn and cotton, all he plants is genetically engineered seed. It just so happens that pest resistant seed is a lot cheaper in the final analysis than "natural" seed + chemical pesticide application. Yes, even taking into consideration the fact that he has to buy the seed every year.

      Gee, I sure hope they don't jack up the price when all the non-Monsanto farmers are gone...

      --

      The enemies of Democracy are
    8. Re:Plant A Seed, Get sued... by Anonymous Coward · · Score: 0

      We have a small cattle farm here (read, because we have pastures enough for our cows and don't feed them rotten cow brains, it's barely profitable). We use chicken shit to fertilize the pastures. It's incredible how good a job it does. There's really no need to spray the fields with chemicals. The topsoil is really nice. You don't to worry about the chemicals in the soil here, because they weren't invented when the land came into my family, and nobody in my family has ever used them.

      Want to guess what the major fight of my lifetime is going to be? I'm going to have to keep the land from being taken via eminent domain. Some of the local governments here have a penchant for whoring farmers' land for factories and plants. Best of all, the entire area is already littered with shutdown factories and plants, because a wave of shysters cashed in on the whores' offers to build them plants. Shyster promises new jobs, city pays half of the factory costs, shyster takes a lot of investors' money and runs, leaving a barely used factory to rot, the city poorer for having paid for the factory, and no jobs.

      It's cheaper to steal some small farmer's land than it is to revamp an already existing plant. That's the main danger for the coming years. The second danger is that small farming is already barely profitable. You can't compete with the hormone/antibiotic pumped meatwads that the large farms are pouring out.

    9. Re:Plant A Seed, Get sued... by Anonymous Coward · · Score: 0

      One, that'll never happen. Organic foods have a niche, and this doesn't qualify as organic. So there'll always be SOME non-Monsanto farmers.

      Two, if it does, they'll just plant non-Monsanto seed next year. GASP. It's almost as if farming was a, oh, I dunno, business.

    10. Re:Plant A Seed, Get sued... by BrokenHalo · · Score: 1
      Sounds like the final nail in the coffin for the independant (non-corporate) American Farmer.

      How do you think farmers outside the US feel? It's bad news for nations locked into so-called "free trade" deals with the US, like Canada and (shortly) Australia, but it's even worse news for struggling farmers in India or Asia.

    11. Re:Plant A Seed, Get sued... by Kwil · · Score: 1

      Assuming they can get some non-Monsanto seed that isn't priced to high heaven because it comes from the now niche market organic farmers.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    12. Re:Plant A Seed, Get sued... by ckaminski · · Score: 1

      That whole emiment domain thing never really made sense to me... If the fucking people want it so badly, then by god they should be prepared to pay out of the ass for it.

    13. Re:Plant A Seed, Get sued... by ckaminski · · Score: 1

      Much of which goes to feed cattle. What's the figure I heard, 98% of all corn grown in the U.S. is feed corn? Not sure about soybeans, but I'd guess it's a pretty high percentage as feed as well. There's not THAT much demand for Silk(TM).

    14. Re:Plant A Seed, Get sued... by Anonymous Coward · · Score: 0

      Sorry to tell you this, but big business is moving in on organic farming. As you say, it is a niche market, and a highly profitable one at that.

      Expect large-scale organic farming by big business to shut down your local groups soon - they'll be the ones supplying the shops and supermarkets and food processing companies. And they'll be owned in large part by companies like Monsanto.

      Corporatism has fucked this world over. And things are going to get a lot worse...

    15. Re:Plant A Seed, Get sued... by Chrontius · · Score: 1

      We've got gene banks in case something like that happens. And that's cataclysmic ecocaust worst case preparation there. It'll always (for most values of 'always') be possible to buy non-GM seed.

      Thank God, otherwise these biotech firms might spark a war trying to make third-world countries that can't afford anything but a few AKs and RPGs license their IP.

    16. Re:Plant A Seed, Get sued... by Anonymous Coward · · Score: 0

      It's got its base in several things. First, everybody knows the government has extremely deep pockets. The second is that eminent domain was originally intended to be only for cases where it benefitted the public. So, if my land was one of a small handful of plots connecting to some destination, and the only plot that was stable enough to build a road, I shouldn't be allowed to charge a million dollars an acre for the land, because that road is to benefit someone; however, now that I think about it, I'm sure some places in New York City have probably sold for a million dollars per acre. I'll embellish more next time.

      Based only on the official purpose of eminent domain, I'm not thrilled about it. First, it's contrary to the free market ideals this country was founded on. Second, there are still a lot of places where land has been in people's families for generations. Small farmers (but not just them) have poured their blood, sweat, and tears into working the land, but it can all amount to nothing if the government wants it.

      That said, eminent domain should be stricken from the lawbooks. Every use of the law is an abuse. If the government wants to take my land, it's government surveyors and appraisers that will set the fair market value, which is what I'll be paid. If the whole action was started by some local politico who I've pissed off before, or if he's got his hands tied into the deal such that he can personally profit, then I'll probably get shortchanged. The latter situation happens quite often, but both are possible. That I've been careful with pesticides and that I've been careful to not deplete the soil amounts to nothing when the price is set.

      Finally, "economic improvement" is fast becoming a valid reason for exercising eminent domain. A story on 60 Minutes a few months ago listed several cases of eminent domain abuse. One case was where an auto mechanic who had had his shop in one location for many, many years, was being moved to another location to make way for a business that was expected to be more profitable. His business predated the big road that he was currently located on, but the city officials were more than happy to move him somewhere else to make way for the new business. Almost everything is more profitable than a small farm of any kind. Literally every time a new business wants to move into an area, they've got guaranteed land waiting on them. Some states are eager to whore themselves out for new business. The citizens of Alabama recently passed an amendment legalizing this process, and making it easier. Read the amendment here. It was amendment three. (For anyone who is interested in the segregation language amendment that failed to pass, it's amendment two on this same page. A third of that amendment was about segregation. Another third was about taxes, and the final third would've required counties that are mostly cotton fields to provide equal amounts of money for education as the largest counties in the state, where all the lawyers, doctors, and engineers live. It would've bankrupted most of the counties in the state, even moreso than they are now.)

      For further reading, you can research what the TVA did when it put in all those dams and built the lakes. Because the land was about to be underwater, it was worthless. Landowners had the choice of selling good farmland at swamp bottom prices, or having it condemned out of hand and receiving nothing. Eminent domain is a blight in any country where the government is supposed to be by and for the people.

    17. Re:Plant A Seed, Get sued... by ckaminski · · Score: 1

      Thank you for taking the time to say so eloquently what I've felt for years, and was too lazy to put into words.

  6. fp by Anonymous Coward · · Score: 0

    fp

  7. Not "illegal" by Anonymous Coward · · Score: 1, Insightful

    they make it illegal to replant the seeds harvested from a previous crop

    It's not "illegal" but a breach of contract. There's no *law* saying you can't replant the seeds.

    1. Re:Not "illegal" by Marxist+Hacker+42 · · Score: 4, Insightful

      It's not "illegal" but a breach of contract. There's no *law* saying you can't replant the seeds.

      True enough- except for Monsanto has been successfull in suing farmers who DIDN'T SIGN THE CONTRACT for patent infringement, so it's also illegal.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    2. Re:Not "illegal" by KinkifyTheNation · · Score: 1

      I don't get it, then how exactly do they have any grounds to sue?

    3. Re:Not "illegal" by Anonymous Coward · · Score: 0

      Well, that might be true, but I believe I read an article about a farmer who's fields had been contaminated with GM seed (he hadn't ever purchased any). Yet he was sued because his crop was found to have the markers which identified some of his crop as GM.

      Not sure what law that was. I'll try and find the article and post it when I find it.

    4. Re:Not "illegal" by zakezuke · · Score: 1

      True enough- except for Monsanto has been successfull in suing farmers who DIDN'T SIGN THE CONTRACT for patent infringement, so it's also illegal.

      Why not sue the plants for unauthorized duplication? It's the plants who are infringing on the rights of Monsanto.

      Providing a self replicating product and then suing people for it could be perceived as a form of corporate entrapment.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    5. Re:Not "illegal" by J.+Charles+Holt · · Score: 1

      Seems to me like therer's a simple solution here--DON'T BUY SEEDS FROM Monsanto. I mean, it's not like they own every variety of corn... do they?

    6. Re:Not "illegal" by mightyburns · · Score: 1
      The Canadian government has put together committees to look at these types of problems and (lack of) laws. Here's the Canadian Biotechnology Advisory Committee's latest report in this area, directed to the section on Farmers' Privilege.

      CBAC Patenting Higher Life Forms

      Unfortunately, patenting laws need to be enacted by the government...not the courts. So until the government gets its act in gear and picks one way or the other for sure as to how they want to run it, we'll have courts ruling on out-dated patent law.

    7. Re:Not "illegal" by Anonymous Coward · · Score: 0

      It's not "illegal" but a breach of contract. There's no *law* saying you can't replant the seeds.


      Actually, it looks like it IS illegal. Why else would the farmer in Tennessee (mentioned in the article) get 8 months in prison? I don't think breach of contract carries prison sentences (IANAL). Perhaps he was in violation of anti-piracy law?

      Anyone? Bueller? Bueller? Bueller?

    8. Re:Not "illegal" by rhombic · · Score: 1

      If your crop was to be contaminated by pollen from Monsanto's seed, and you do not spray with roundup but grew your crop using conventional techniques,

      1) Monsanto would never know about it and
      2) They'd definitly not say anything, it's more likely that you'd go after them in court than the other way around.

      Farmers that "unintentionally" end up w/ roundup ready seed, but then exploit that by spraying their crops w/ roundup to decrease weeds and increase production, will most likely end up getting sued. It's not just posessing Monsanto's genes, but utilizing that for commercial gain, that makes you vulnerable to a lawsuit.

      --
      1984 was supposed to be a warning, not an instruction manual.
    9. Re:Not "illegal" by Stonehand · · Score: 1

      If you're *aware* that you're replanting Monsanto seed or product without contract, or maintain and later harvest after finding out, you should probably consult with a lawyer as to whether you're committing willful patent infringement.

      --
      Only the dead have seen the end of war.
    10. Re:Not "illegal" by randallpowell · · Score: 2, Insightful

      Sad day when seeds for crops need a license agreement. Maybe GPL....

    11. Re:Not "illegal" by Anonymous Coward · · Score: 1, Informative
      Guess what - Monsanto also knows how to exploit this - in one of the stories about Monsanto's practices in Canada mentioned on /. earlier it was mentioned that they spray the fields of "suspects" with Round-Up to see what happens. If you as a farmer should notice one day that all of your crops have died, well, congratulations, you did nothing wrong and have nothing to fear. If your crops don't die - see you in court.

      Somehow reminds me of medieval witch trials...

    12. Re:Not "illegal" by bombadillo · · Score: 1

      Kind of like the marijuana tax act in the 1930's. It was legal as long as you by a stamp. Problem was they did not sell the stamps.

    13. Re:Not "illegal" by Forbman · · Score: 1

      But farmers spray with Roundup (glyphosate) routinely anyways! It doesn't persist in the soil like 2,4-D and many other broad-spectrum herbicides do, so they can kill off the cover crops much closer to when they need to plant seed because they don't have to worry about the persistance of the herbicide killing off the sprouts.

      Who is to say that over time a naturally occuring hybrid resistant to Roundup could not be developed that does not involve any IP at all? *THEN* what is Monsanto to do, radioactively tag some of their seed or somesuch nonsense?

      (Yes, I live next to several hundred acres of cropland. The farmer's spring ritual is: spray herbicide about 2 weeks before time to plant. Work dead plants into soil. Disk and roll soil. Plant new crop).

      But just think, though, that Scott will be doing this soon with grass seed as well.

    14. Re:Not "illegal" by ByteSlicer · · Score: 2, Interesting

      It doesn't persist in the soil like 2,4-D and many other broad-spectrum herbicides do

      That's what Monsanto wants you to believe, but the truth is that they had to stop calling their product biodegradable because it is persistent. It's also very toxic for plants and animals. Just google for "roundup biodegradable" and see for yourself.

    15. Re:Not "illegal" by elakazal · · Score: 1

      I'm not a lawyer, but I can tell you right now that you are committing patent infringement.

      While there are some pretty sleazy, marginal things going on with Monsanto and their patent enforcement, this case is not the big deal people here are making it out to be. The man violated his agreement to use some one else's intellectual property. This is every bit as illegal as software piracy, and should be. You don't like, it don't buy the seeds and don't sign the agreement. Claiming you didn't read it carefully enough doesn't hold much water.

      As some one who has been intimately associated with plant breeding for roughly a decade (the traditional sort of plant breeding, not transgenics, mostly) I really hate the public's attitude regarding variety protection. Improved plants represent the hardwork, money, and creativity of some one, frequently a lot of some ones, every bit as much as a piece of software, a book, a new mousetrap, a rocket engine, or a microchip. People seem to have no problem understanding copyrights and patents on these sorts of things, yet have difficulty accepting that people can "own" living organisms.

      If you have moral issues with that, I'm not going to be able to argue with them. However there are plenty of practical reasons why plant patents and plant variety protection are good things to have, and they are the same ones that apply for other sorts of patents:

      1) It provides incentive for people to invest the time and effort to produce new varieties. It wasn't that long ago that most new plant varieties came from publicly funded breeders at land grant universities (in the U.S., anyway), and were released free of restrictions. This is a fine system, and I'd happily go back to it, but the powers that be, in their infinite wisdom, no longer provide significant funding for that sort of thing (public breeding programs are fewer, and those that exist are funded much less and encouraged to patent their varieties in order to fund themselves). So the bulk of breeding today (in the big crops anyway) is done by private companies. It's not an easy job, and there'd be absolutely no reason for them to do it if some one could walk off with a handful of seed or a few cuttings and effectively steal years of work.

      2) Patents encourage people to make things public. If you want your invention patented, you've got to document said invention with the patent office. In exchange for patent protection for a finite amount of time, plant patents provide other breeders with important information about the origins of a new variety (although the patent office is disturbingly lax lately in what it lets people get away with in this part of the application...some are nearly useless now), thus preventing the accumulation expertise in one person or companies hands.

      Plant patents come in lots of different flavors, which I could go into, but seeing as this topic is likely to be pushed off the bottom of Slashdot soon anyhow, seems like a lot of work for something no one will read...

    16. Re:Not "illegal" by Anonymous Coward · · Score: 0

      Your post is interesting, but absolutely useless as to the current question: what if you *didn't* sign any contract with the seed provider, and their seeds just happened to blow into your lot? What are the legalities there? Can the seed providors forcibly confiscate some of your crop for patent violation testing?

    17. Re:Not "illegal" by elakazal · · Score: 1

      Actually, in the current case, the man DID sign an agreement, I believe.

      That's not to say that there aren't cases where people didn't and still got sued. Those cases are a legal grey area as far as I'm concerned, but Monsanto has thus far been successful in prosecuting them, which I think is unfortunate, both for the legal precedents it sets, for Monsanto's sake (not that I really care) their image.

      Really I think the legal responsibility and therefor blame should fall on the farmer who planted them and allowed them to spread off his property, not the farmer on whose property the landed. The agreements with Monsanto people sign generally have a clause requiring them to take actions to limit the spread of seed and pollen. Monsanto would rather blame the person on whose land they wound up, of course, because they're alot easier to identify, and because they don't want to set a precedent of people just saying "I didn't plant it, it just landed there".

      Legally, I think Monsanto is on very shaky ground if they are actually forcibly entering and confiscating crop plants. More likely is testing of seed being sold, which, if Monsanto either buys it or has an agreement with the buyer, would be fine (I know they've done this in some cases.) This is much more likely to be what's happening in cases where people are claiming it "just blew onto their land". One out of every five plants in your field being Roundup Ready is demonstrably useless, one out of every five seeds in your soybean harvest might mean you grew one acre of Roundup Ready and four normal and mixed them together and hoped no one would notice.

      All that said, the sad truth is that in this day and age, with its army of lawyers, Monsanto can probably forcibly confiscate crop for testing, legal or not, and get off scot free.

      An alternative to this mess would be to fund public plant breeding to the extent that varieties could be released free of restrictions, and that would end the hold of monster companies like Monsanto and assure equal access for all farmers to new varieties.

      It wouldn't fix the problem of transgenes spreading, but, well...you can't make everybody happy.

    18. Re:Not "illegal" by rhombic · · Score: 1

      Of course they do, but as you point out, before planting, not after sprouting. W/ roundup ready plants, you spray after emergence to kill everything that's not carrying glyphosate resistance.

      A naturally occuring hybrid could (theoretically, never been observed) appear. But it would still be genetically distinct from the monsanto plant. No need to radioactively tag seed, several methods for detecting the monsanto construct have been published, look up Jankiewicz et al, 1999, Euro Food Res. Technol. 209: 77-82 for the "official" method.

      Of course, using a naturally occuring hybrid and a post-emergent dose of roundup will not get you off the hook-- I'm sure Monsanto's patents cover the ues of glyphosate resistant plants in this manner. Whether you used a naturally occuring hybrid or re-engineered it yourself, you'd still be violating their IP for commercial use and could find yourself being sued.

      In the long run, it'll make glyphosate useless as a herbicide. There are already several weeds that have picked up roundup resistance from the beans, and widespread use in people's lawn grass, along with incorrect usage of the weedkiller (insufficient dosage) will skyrocket the resistance around.

      --
      1984 was supposed to be a warning, not an instruction manual.
    19. Re:Not "illegal" by rhombic · · Score: 1

      Is there a reference for them spraying roundup on people's fields? 'Cause that would be pretty stupid indeed.

      1) People in rural areas notice strangers
      2) People in rural areas really notice strangers spraying stuff on somebody's fields
      3) To check it, the men-in-suits would have to return to the scene later. People in rural areas really, really notice strangers driving around multiple times.
      4) To check multiple fields, you're gonna have to drive around and around multiple times, and manually record whether or not a particular field is susceptible.

      It would be far, far easier to drive around once, pick a couple of plants from the edge of a field, never come back to draw additional attention. Take the samples back to the lab, one guy, couple of plates of high-throughput PCR, and you have the answer within a day of sampling. No evidence that you were ever there.

      --
      1984 was supposed to be a warning, not an instruction manual.
    20. Re:Not "illegal" by yuri+benjamin · · Score: 1

      They don't drive by, they drop a round-up bomb, which effects a 30 metre area, from a small plane. Time for farmers to buy laser pointers.

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  8. Quick, act surprised! by lisany · · Score: 2, Insightful

    A company wanting to rape the world's farmers for more money! GOOOO Capitalism!

    1. Re:Quick, act surprised! by Anonymous Coward · · Score: 0

      except the farmers money is our tax money! I presume the US is just like the EU in that farmers get paid to overproduce and then the extra produce food can't be sold on to avoid flooding the market so it is just destroyed.

    2. Re:Quick, act surprised! by whopis · · Score: 1

      You can't ignore the fact that Monsanto created these crops. Why should they be required to allow the free and unlimited spread of the products that they create?

      If there wasn't the potential for profit through repeated sales and restricted use of these crops, Monsanto would never have created them and the farmer's would not have had access to them.

      If there are companies/groups/governments/etc. out there that want to create these types of crops (similar ones, not exactly the same) and let them be used freely, more power to them. But you can not force a company to give away its product.

      If Monstanto were to allow unrestricted replanting of its crops, then it would have to charge significantly more for the original seeds in order to make similar profits.

    3. Re:Quick, act surprised! by Steeltoe · · Score: 5, Insightful

      Your talk is really troubling..

      You talk like Monsanto can allow and disallow anything with their product.

      Imagine that extending to every product in the world. Every Single Thing That "You" Own..

      Either you're just a troll, or 200% clueless..

      Controlling seeds and how other people use "your" product, just to create a higher profit, is unnatural, is not "Right" (whatever that means) and should not be allowed in law and ethics at all.

      Monsanto does not have a right for profit, or maximum profit. It's just a company. Never forget that.

      Why should seeds be burned just because a company sets arbitrary limits to its customers? Why should we tolerate to be held ransom to large international companies? We're talking about Life itself here.

      My only rational conclusion must be that I have fed a troll. Nobody can be this stupid and cynical.

    4. Re:Quick, act surprised! by lisany · · Score: 1

      You can't ignore the fact that Monsanto created these crops.

      The farmer did.

    5. Re:Quick, act surprised! by Stonehand · · Score: 1

      There's also no *right* to be able to use their seed on terms unacceptable to Monsanto. Don't like the terms, don't buy 'em.

      --
      Only the dead have seen the end of war.
    6. Re:Quick, act surprised! by zod1025 · · Score: 1
      If there wasn't the potential for profit through repeated sales and restricted use of these crops, Monsanto would never have created them and the farmer's would not have had access to them.

      Yes they would, because there would still be a market for the fresh engineered seeds. This is a case of corporate greed, pure and simple. Or am I supposed to believe that, out of the goodness of their hearts, they developed a series of RoundUP(tm)(r)(c)-resistant crops, waited for everyone to get used to how much easier they are to use, and then start litigating once the famers are locked in? And, since when do they have a right to any particular level of profits? Their business model is clearly dependant on buy-new-seeds-yearly-or-we-litigate, but since when is that the only possible business model?

      The obvious solution to these sorts of bio/medical/pharmaceutical ligitation evils is to apply the lessons of Open Source to the bio/medical/pharma industries... namely, we need a bunch of chemical hackers to come up with patent-unencumbered replacements for this stuff and release it Free. Much higher costs associated with this than with software, which is why you don't see many garage/hobbiest pharmaceutical hackers out there (unless the profits are crazy high like in the illegal drug trade...)

      --

      -ZOD-
    7. Re:Quick, act surprised! by The+Fanta+Menace · · Score: 1

      I buy them, I own them, they're mine. I can do what I like with them.

      --
      -- Even if a god did exist, why the fsck should I worship it?
    8. Re:Quick, act surprised! by maxpublic · · Score: 1

      Yeah, right - blame the whole thing on capitalism. Good call there, Jack.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    9. Re:Quick, act surprised! by Anonymous Coward · · Score: 0
      There's no *right* to add 3 lines of assembly to Linux and sell it as your own. There's no *right* to spend 6 months tweaking the results of 4 billion years of evolution (or God, take your pick, ya moron) and act like you own the damn thing.

      How should the researchers get paid? Let the goverment do it - then everybody gets the benefit and nobody gets told what not to plant.

    10. Re:Quick, act surprised! by Anonymous Coward · · Score: 0
      namely, we need a bunch of chemical hackers to come up with patent-unencumbered replacements for this stuff and release it Free.

      You know, this is interesting and it's been part of many movies over the past 15 or so years. An underground community with equipment they've hacked together that they can use almost as effectively as the corporate/government entity that is trying to hold the world hostage. The one that stands out most in my mind, perhaps for it being such an awful movie in general, is Johnny Mnemonic. The day may very well come and those who will be part of the resistance will probably have much in common with the open source hackers of today.

    11. Re:Quick, act surprised! by Chrontius · · Score: 1

      http://www.dnahack.com/ Let the mayhem begin.

    12. Re:Quick, act surprised! by Anonymous Coward · · Score: 0

      Monsanto 'created' nothing. They changed some of the properties of a plant they got from the nature, using resources they got from society.

    13. Re:Quick, act surprised! by Znork · · Score: 1

      "You can't ignore the fact that Monsanto created these crops."

      They did? Wow, that's a new take on creationism...

      "Why should they be required to allow the free and unlimited spread of the products that they create?"

      Because crop improvements is something farmers have been doing since we learned to use fire? So, why the hell should they suddenly get a government given exclusive rights to extort money for a natural process?

      "But you can not force a company to give away its product."

      Yes, well, on that topic my companys main product is oxygen, so unless you can prove it's not _my_ new-and-improved oxygen you're consuming I'd like my money now. Where should I send the bill?

    14. Re:Quick, act surprised! by lampajoo · · Score: 0

      you, my friend, will be first against the wall when the revolution comes.

    15. Re:Quick, act surprised! by Anonymous Coward · · Score: 0

      Well at least you won't leave him hungry. Everyone has to eat, even Trolls.

    16. Re:Quick, act surprised! by Anonymous Coward · · Score: 0

      When Mon$anto engineered these crops they could have made them produce sterile seeds (preventing contamination), the did not- for entirely the reason that once biodiversity is "tainted" by GM crops, not only can the sue farmers who live downwind of a GM crop- increasing the takeup of thier product, they can also soften the public to accepting GM crops (there is still a lot of anti-GM sentiment here in the UK) based on the argument that they are already in the ecosystem- by which time much of the environmental damage will have been caused.

    17. Re:Quick, act surprised! by jsebrech · · Score: 1

      There's also no *right* to be able to use their seed on terms unacceptable to Monsanto. Don't like the terms, don't buy 'em.

      I've got a better idea: just stop eating. If you don't eat, you don't have to worry about accidentally ingesting engineered seeds. Problem gone.

      OK, you may brand me as silly, but this is what it's going to turn into. Over time, ALL seeds will be engineered and patented, because they are genetically superior to regular seeds, and natural selection will do its work. There will be no non-GM food.

      Think about the consequences that would have.

    18. Re:Quick, act surprised! by Homburg · · Score: 1

      There's also no *right* to be able to use their seed on terms unacceptable to Monsanto. Don't like the terms, don't buy 'em.

      Yes there is. It's called the right of first sale: you cannot sell goods on condition that they only be used in certain ways; this has been a cornerstone of capitalist property law for hundreds of years. That companies now appear to be able to restrict your rights in this area by using IP law is a coporation's wet dream, and a disconcerting shift of rights away from individuals.

    19. Re:Quick, act surprised! by Hurga · · Score: 1

      Nobody can be this stupid and cynical.

      He's probably from the USA?

      - Hanno

    20. Re:Quick, act surprised! by yuri+benjamin · · Score: 1

      Let the goverment do it

      Your government probably is paying private companies like Monsanto. Google for "corporate welfare".
      Unfortunately, just because a company uses government grants doesn't mean that the tax-payer will see any benefit.

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  9. Why they're really suing... by Anonymous Coward · · Score: 5, Funny

    The company selling the seeds is really just upset because someone defeated the copy protection. I hear holding down the shift key on the tractor whilst sowing the seeds works.

    1. Re:Why they're really suing... by Anonymous Coward · · Score: 0

      Funny, but in reality there really should be 'copy protection' on these things. Bio-engineered supercrops should be rendered impotent anyway. The dangers of runnaway reproduction is just too great. Maybe they should make a law that it is illegal to sell bio-engineered seeds that result in reproducable plants. Make the penalty particularly strict. Then we solve two problems at once: 1) the crop engineers won't be selling seed that could take over the area and kill off all other fauna; and 2) they won't be so sue happy when people plant their seeds because if they grow the company is fucked anyway.

    2. Re:Why they're really suing... by Anonymous Coward · · Score: 0

      IIRC They are bioengenered to be sterile, however they do polinate... the polen can 'infect' nearby normal crops with monsanto's genes, and the resulting hybrid looses the non-reproductive capacity...

    3. Re:Why they're really suing... by dbc · · Score: 2, Interesting

      Yes, this is a "+5 funny" but in reality, most hibred crops are "copy protected". With maize (a.k.a. "corn" in the USA) for instance, it requires an extra cross to stabilize the hibred, but the unstabilized generation performs perfectly well. Don't do the cross, and you have very effective copy protection. The problem with those pesky soybeans is that they don't perform well as an unstabilized hibred.

    4. Re:Why they're really suing... by Anonymous Coward · · Score: 0

      Why dont they include drm? this is not sarcastic. i mean they have the tech for it. several different approaches like requiring that a specific chemical be used to make them sprout or just make them all steril. this would be ideal anyways to keep cross pollination from happening with wild or natrual strains. i assume if they did not try any of these methods then they at least put a copy of their license on the dna itself and the last line said by planting you agree to this contract.

    5. Re:Why they're really suing... by Anonymous Coward · · Score: 0

      The company selling the seeds is really just upset because someone defeated the copy protection. I hear holding down the shift key on the tractor whilst sowing the seeds works.

      On a tractor its called a clutch.

    6. Re:Why they're really suing... by Anonymous Coward · · Score: 0
      IRC They are bioengenered to be sterile, however they do polinate... the polen can 'infect' nearby normal crops with monsanto's genes, and the resulting hybrid looses the non-reproductive capacity...

      Idiot. if they can pollinate other plants then they are not sterile. How do you think plants breed?
  10. Monsanto Sueing Farmers by ikkibr · · Score: 2, Insightful

    Well, they got their license agreements and they need money ofc. How could Monsanto develop those seeds if once the farmer bought them he could replant the seeds grown on his soil? I'm not here trying to defend Monsanto, but I believe Bio-engineered Seeds are the future, and need money to be developed.

    1. Re:Monsanto Sueing Farmers by Marxist+Hacker+42 · · Score: 1

      Ok, so explain the other type of lawsuit Monsanto is famous for- suing the NEIGHBOR of the guy they had the contract with for patent infringement for exactly the same basic action- just because the seed got blown over the property line by the wind.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    2. Re:Monsanto Sueing Farmers by Anonymous Coward · · Score: 0

      "Bio-engineered Seeds are the future, and need money to be developed. "

      Yeah, you are right. We can certainly do in less than a couple of decades what mother nature could not. It won't have any bad health consequences. No really. We know what we are doing. Look at the wonders of :Vioxx, Statin Drugs, Steroids, Antibiotics, Trans-fatty acids, Artificial Bovine Growth Hormones, etc, etc. Just manipulate things a bit so you can patent it.

      Consequences Shomsequences as long as I'm rich!
      Oops, I think I owe money to Disney now...

    3. Re:Monsanto Sueing Farmers by Rakishi · · Score: 1

      You mean the neightbor who specifically picked up those GE seeds and knowingly replanted them?

    4. Re:Monsanto Sueing Farmers by dynamo · · Score: 2, Insightful

      Bio-engineered seeds with single-use licensing agreements are not the future, I assure you. You want DRM in your __food__? It will come to that if this kind of crap is tolerated.

      This is the same kind of brilliant forward-thinking that produced DiVX single-use DVDs.

    5. Re:Monsanto Sueing Farmers by ikkibr · · Score: 0

      Ok, so according to you, breaking a license agreement which states you cannot use/redistribute seeds is legal? The neighbor has no rights over the seed, Monsanto has them.

    6. Re:Monsanto Sueing Farmers by BrookHarty · · Score: 1

      The neighbor should counter-sue Monsanto for damage to his land, tresspassing, interfereance with commerce, dumping, and anything else they can.

      Unless people stand up and counter-sue, they have a hard time. You cant just defend yourself, you have to attack them back and get them where it hurts, the pocket book. (Same goes for cities that use violence against peaceful protestors, they wont stop if they dont pay.

      So, hopefully everyone has a son or daughter that is going to lawschool, because this is only going to get worse.

    7. Re:Monsanto Sueing Farmers by mattyrobinson69 · · Score: 1

      Prove it.

    8. Re:Monsanto Sueing Farmers by Dufftron+9000 · · Score: 1

      Basically they are doing it for consistency. The main issue they face is from suppliers cutting the seed with non GMed crops and passing it off as all GM and keeping the profits themselves. One of the people I work with is in negotiations with them to mark all their seeds in such that they can go and check every bag sold to make sure it is all theirs. They are not technically allowed to go on the farmers' land or at least that was how I took it since they wanted to have a way to id their seeds from the air as well. So the stories about the farmers are likely getting press time because sometimes the situation seems innocent enough, but that is not Monsanto's main enemy.

    9. Re:Monsanto Sueing Farmers by NRP128 · · Score: 3, Interesting

      Ok, #1, genetically engineering seeds for crops is a far cry from engineered steriods or drugs. It is finding the genes that tell a crop when to stop growing, or when to trigger certain events. Once we identify those genes it's just a matter of manipulating. Same thing with "roundup ready" soybeans (the same crop being sued over) which is genetically resistant to a particular herbicide that kills all the other weeds in the field, allowing the beans to grow tall. I grew up on a farm, was in FFA in high school, and go to one of, if not THE top Agriculture schools in the nation/world (though my major is technology at said school). I know people whose majors are horticulture, i've heard lectures from researchers and professors who know this stuff on the genetic level. There is nothing wrong with properly engineering crops for higher yields.

      #2) The entire point of Monsanto suing the farmers is wrong. They pride themselves on helping to feed teh world. Now if any of you tech geeks would have worked a labor-type job at some point in your life, you'd know the extortion they have on the market. Both the round-up you spray to kill the weeds, and the seeds themselves. Chances are the farmers who were reusing their crops were still using MONSANTO BRANDED WEED KILLER. This is a case of straight up greed, no other way around it.

    10. Re:Monsanto Sueing Farmers by bogie · · Score: 2, Insightful

      "How could Monsanto develop those seeds if once the farmer bought them he could replant the seeds grown on his soil? "

      Just like every other company or person continues to survive after they've sold their developed seeds or plants. Keep putting out quality products and charge a fair price. This whole "we own the product afterwards" when it comes to organic matter is bullshit. What you think this is a unique situation where Monsanto is the first company who has spent time and money on developing a particular blend of product? The practice of "splicing" plants goes back a long freaking time. Just because the times change and IP is now easier to manipulate does that mean that the rules are supposed to change and now every company who has spent dime one on developing a crop gets to have full control over their products lifecycle and any products that are a byproduct of their product? If a pig poops out bio-engineered grain and then eats it again is the farmer now liable for paying twice for the same feed?

      Yea just great. An entire world stuck at the mercy of some Bio company would holds all of the important patents for a particular crop.
      And once every farmer becomes dependant on them and they decide to charge $500 per seed then what?

      If Bio-engineered seed companies want to play by those rules then we don't need them.

      --
      If you wanna get rich, you know that payback is a bitch
    11. Re:Monsanto Sueing Farmers by RidiculousPie · · Score: 1

      You mean the neightbor who specifically picked up those GE seeds and knowingly replanted them?

      I'm intrigued.

      Why does it matter if he knowingly replanted them? He didn't agree to a contract about planting seeds, so how can he be sued for breach of contract?

      I can understand a case for theft or similar, assuming the farmer who bought the seed did not give consent (if he did then he would likely to be breaking his contract).

      Do you have any more details on this incident?

      How do you/did they prove he replanted knowingly, and how is this a crime? If I obtained that seed by legal methods say (I found it on my land and assumed it was mine for example, or I was given some) what would be the basis of a case against me?

      --
      ah, mod points ... now where is my crack?
    12. Re:Monsanto Sueing Farmers by NoMoreNicksLeft · · Score: 1

      Duh, that's no different. The RIAA sues people who live next to music pirates on the theory that they may have heard it illegally through thin apartment walls. Get with the program, you hippie.

    13. Re:Monsanto Sueing Farmers by Stonehand · · Score: 1

      Willful patent infringement.

      It's not going to be breach of contract, but it would be likely willfully infringing on Monsanto's patent if it can be shown that the farmer was aware of the patent and the seed's nature, and hadn't been told by a patent attorney that the relevant patent(s) were invalid.

      --
      Only the dead have seen the end of war.
    14. Re:Monsanto Sueing Farmers by westlake · · Score: 1
      The neighbor should counter-sue Monsanto for damage to his land, tresspassing, interfereance with commerce, dumping, and anything else they can.

      This isn't about seeds accidentally scattered about Great-Grandpa's back forty.

      It is about modern, experimental, engineered, hybrids being collected and replanted on farms half the size of Connecticut. Hybrids which may save you tens of thousands of dollars in herbicide costs, tillage, etc. You do not sue Monsanto unless and until you are caught selling the "contaminated" grain.

    15. Re:Monsanto Sueing Farmers by Igmuth · · Score: 1

      Well, I would imagine that the farmer could consent to selling the seeds, without breaking his contract, if he were to sell the fruit containing said seeds. That actually sounds like an interesting idea. People should try and find plants that were grown using these seeds, and buy them, simply for the purpose of harvesting the seeds.

    16. Re:Monsanto Sueing Farmers by RidiculousPie · · Score: 1

      Thanks for the clarification, I could not understand what they would sue for.

      Would the patent infringement be the resultant crops (ie the duplicated patented material in the seeds), or the patented genetic material in the plant cells themselves? Or some other patent infringement? (Am I correct in assuming you are only guilty of patent infringement if you produce a "product" which contains/uses patented material?)

      Personally, I think it sets a dangerous precedent for self replicating products to be patented -- there is far too wide a scope for patent infringement

      --
      ah, mod points ... now where is my crack?
    17. Re:Monsanto Sueing Farmers by RidiculousPie · · Score: 1

      Would those using these seeds obtained from fruit be guilty of patent infringement though? (either knowingly or unknowingly).

      If they were what would the courts say (I refuse to believe a court would fine a person for planting seeds they legally obtained with no contract attached, provided they didn't know they were from genetically modified stock -- there is no way to know if you infringe or not (unless you have a handy lab)).

      Also, how many of these genetically modified fruits contain seeds?

      --
      ah, mod points ... now where is my crack?
    18. Re:Monsanto Sueing Farmers by maxpublic · · Score: 1

      And once every farmer becomes dependant on them and they decide to charge $500 per seed then what?

      How about hanging every politician who sucks Monsanto's corporate cock - or any corporate cock - and rewriting the laws from scratch? People keep predicting doom and gloom, but the simple fact is that if Monsanto ever tried to hold the world hostage we could simply decide to end the insanity with a good dose of directed violence. No doubt there are some who'd wring their hands over the idea and try to convince the rest of us that slavery at any price was better than violence, but I doubt they'd be sufficient in number to stop the house-cleaning.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    19. Re:Monsanto Sueing Farmers by Fallen_Knight · · Score: 1

      well as the law stands rigth now they can only do this for about 20 years.

      so when does their patent on the seed expire?

    20. Re:Monsanto Sueing Farmers by 91degrees · · Score: 1

      I think Monsanto already did. Which is why they won.

      Not quite sure how, but from what I hear it seems that the farmer was using the herbicide that these crops were resistant to. Why would he be using the herbicide if he didn't think the crops were resistant?

      While I have a lot of sympathy for the farmer, and absolutely hate Monsanto (I figure they have all the bad points of Microsoft, and SCO with none of the redeeming features) I think the media missed out some impoortant information.

      Then again, I don't think genetics should be patentable in the first place. Firstly, because genes reproduce. That's their primary purpose. Secondly there is a de facto monopoly of one growing season before anyone can compete. Thirdly - in this case - they have a patent on their herbicide.

      It's niot that Im neccesarily against genetic patents per se, it's just that they need to be reworked rather than applying existing patent laws to them.

  11. Ask Slashdot ... by didjit · · Score: 1

    What if the seeds fall off the plant, into the soil, and grow a new plant. Does that plant get confiscated? Am I guilty of inducing the seed to fall off and grow?

    1. Re:Ask Slashdot ... by SirChive · · Score: 1

      You would be guilty of Unlicensed Contributory Growth.

    2. Re:Ask Slashdot ... by Gunnery+Sgt.+Hartman · · Score: 1

      Nope. Those plants are considered volunteer and would be treated as weeds and killed.

      --
      [ ]
    3. Re:Ask Slashdot ... by dnoyeb · · Score: 1

      What if I have a 'organic' farm, and it gets into my fields. Who sues whom?

  12. Can I still have children? by nosuphoru · · Score: 2, Insightful

    I know there are drug companies that have patented sections of the human genome, does that mean that I now cannot have children of my own, since I would be illegaly planting my seeds from a previous "harvest" without a license?

    1. Re:Can I still have children? by Anonymous Coward · · Score: 0

      I'd say not until the population is back down to about 3 billion. So sorry. No. We have enough already.

    2. Re:Can I still have children? by Flower · · Score: 2, Insightful

      For you we can rework the license so everyone's happy. For the moderator who marked you insightful? No.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
  13. Timelyness. by Anonymous Coward · · Score: 0

    Look, this is supposed to be news for nerds.

    News is supposed to be timely. This is yesterday's news. Saw it elsewhere in the mainstream media. Don't need to see it here.

  14. Wha...? by Reality+Master+101 · · Score: 5, Insightful
    A company called Monsanto sells those specially engineered seeds, and according to their license agreements, they make it illegal to replant the seeds harvested from a previous crop.

    OK, farmer entered into an agreement with Monsanto, got it.

    Somehow the powers-that-be got the idea that replanting seeds grown from your own soil is a crime.

    No, somehow the powers-that-be got the idea that contracts are legally binding instruments.

    What's the story here?

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:Wha...? by Anonymous Coward · · Score: 5, Insightful

      That intellectual "property" law applied to genetics is unjust and wrong. Contracts may be legally binding, but if slavery were legal and a legally binding contract transferred ownership of a slave, it still wouldn't be right to consider the slave "owned", as opposed to legal. Similary, here genetic code in the abstract is being considered "owned" by the law. This is wrong as far as I'm concerned, just as claiming ownership over applied discrete mathematics == software is just wrong.

      People, particularly americans, often confuse what is legal/illegal and what is right/wrong. Please don't.

    2. Re:Wha...? by Anonymous Coward · · Score: 0

      Just look at who put it up.

    3. Re:Wha...? by srleffler · · Score: 4, Informative

      Monsanto is also suing farmers who have not signed their licensing agreement, but who were caught with the genetically engineered plants growing on their farm. In the Canadian case, it appears that the engineered plants may have ended up there by accident (due to the wind blowing pollen from neighbouring farms, etc.), but the court held that the farmer was liable anyway. Basically, they held that Monsanto had an absolute right to control who grows these plants, regardless of whether they have signed any agreement with Monsanto, and regardless of whether the farmer knows that the plants growing on his farm have been engineered by Monsanto.

    4. Re:Wha...? by t_allardyce · · Score: 1

      The story is that people are morally outraged but don't exactly know why. We can feel that this sort of commercialisation of genetic engineering is wrong but we just can't put our finger on why its wrong for someone to sign a contract like this. I've said it before, customers need unions, people get pissed off at companies all the time for rip-off prices, terrible service, exploitation and bad treatment of other people for minor crimes, but do we all band together and seriously boycott the products and say "hey fuck you, you will produce and sell this to us on our terms or you will go bankrupt next week"? Fuck no! we go on buying. Sure one or two people say "oh well im going to do my part and boycott it, because if everyone thinks like I do then it will stop" How often does that work? People just don't bother banding together and sticking up for each other for a greater good. If we want corporations to treat us fairly we have to get together and demand it. Most companies in the same market will stick together and keep prices at some level - its called a cartel and it works very well, especially if the customers don't have one too. These farmers signed the contract because growing Monsanto(tm) crops is a hell of allot easier than doing it the old way and if all the other farms are doing it then you don't have a choice if you want to keep up production and lower costs, but if the farmers formed a cartel or union they would be able to keep the prices and contract terms in check, both sides would have to keep it fair or the other side would drop out.

      --
      This comment does not represent the views or opinions of the user.
    5. Re:Wha...? by Geekenstein · · Score: 4, Insightful

      This isn't a case of someone sequencing a gene and then patenting it. Monsanto created a scientifically modified version of a soy bean genome and made a novel invention: a plant designed to be resistant to its proprietary pesticide. This isn't a naturally designed construct, but the product of research and development for specific gain.

      Don't like it? Grow natural soy beans. Mother Nature's patent expired a long time ago. ;)

    6. Re:Wha...? by curious.corn · · Score: 1

      Never read the Merchant of Venice eh?

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
    7. Re:Wha...? by wheelbarrow · · Score: 1, Flamebait

      The farmers were free to agree to the terms of the contract or not. Their choice to enter the agreement was freely made. How is this 'unjust and wrong'?

    8. Re:Wha...? by clean_stoner · · Score: 1
      I would argue that this is similar to the ruling that unusual clauses in EULA's are null and void. Do you read every liscence agreement for every piece of software you install? No, you make reasonable assumptions about what's in it, and know that you will not violate any of the reasonable provisions. I personally don't think it's reasonable for it to be illegal to use a characteristic of the plant you purchased. The plant reporduces ON IT'S OWN with no interaction from a human.

      To compare it to other forms of piracy, this could be likened to the RIAA putting out a music file that automatically copies itself virus-wise to other people's computers, then sueing you for distributing the file. If they're so concerned about it, they should engineer the plants not to create seeds. IANAGE (Genetic Engineer), and I don't know how complicated that would be, but they make seedless watermelons and the like, so I would think it would at least be possible.

      --

      Sigs are for the weak.

    9. Re:Wha...? by RidiculousPie · · Score: 1

      Genetic code can be mapped to number exactly (ie each number has a unique genetic code, and each genetic code has a unique number (a bijective map iirc))

      Why do we care? Because numbers cannot be patented, and genetic code is numbers?

      Simplistic and idealistic? Yes! Overly broad (the same could be said of text -- ASCII or Unicode is a mapping) - possibly. But food for thought.

      In addition there is almost certainly prior art for all genetic material surely?
      (DISCLAIMER:I'm a mathematician (well undergraduate) not a biologist)

      --
      ah, mod points ... now where is my crack?
    10. Re:Wha...? by tepples · · Score: 1

      Don't like it? Grow natural soy beans. Mother Nature's patent expired a long time ago. ;)

      So then how do I prevent my neighbour from growing patented seeds and having them cross-pollinate with my seeds?

    11. Re:Wha...? by Matt2k · · Score: 2, Insightful

      > That intellectual "property" law applied to genetics is unjust and wrong. Contracts may be legally binding, but if slavery were legal and a legally binding contract transferred ownership of a slave, it still wouldn't be right to consider the slave "owned", as opposed to legal.

      Right or wrong, the famers entered into the contract knowingly. The company bypassed thousands, or tens of thousands of years of evolution by producing a genetically advanced form of crop. The farmer signed a contract. Farmer violated contract. Seems open and shut to me, Monsanto doesn't have a monopoly on the corn market.

      > Similary, here genetic code in the abstract is being considered "owned" by the law.

      Not really, the enhancements are what is being licensed by the contract.

      > People, particularly americans, often confuse what is legal/illegal and what is right/wrong. Please don't.

      What the fuck does this have to do with being American? Troll.

    12. Re:Wha...? by HiThere · · Score: 1

      That's what the court decided...but the evidence was pretty good that the farmer wasn't innocent (i.e., that he intentionally replanted seed spilled along the roadside that he had reason to believe was from Monsanto).

      It was a ruling much broader than it needed to be...which pretty much means the court took the opportunity to make new law when it didn't need to.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    13. Re:Wha...? by Mike+Markley · · Score: 1

      AFAIK, seedless watermelons and the like are simply bred to start producing seeds much later in life than normal. The problem with something that never produces seeds is that you're only ever going to get a single generation out of it (and how the *hell* are you going to sell it as a seed, for that matter?)

      Besides, a contract that you have actually signed is rather a different thing than a click-through agreement. Signing your name to anything you have not read is pretty boneheaded, and I've been known to make people wait for quite some time while I read everything I'm about to sign my name to. The guy had the option of simply not signing the contract, i.e. not buying the seeds. In a case like this, where the contract is basically essential to the continued existence of his business, he has no excuse for not paying a lawyer a few bucks to read it.

      With all of that said, the article (yes, I actually RTFAed) also mentioned one guy getting eight months in *prison*. Now, call me crazy, but shouldn't that be a purely civil matter? How in the hell does one go to prison for violating a civil contract?

    14. Re:Wha...? by Anonymous Coward · · Score: 0

      That farmer was held liable because the vast majority of seed he stored for future use was from a very small section of his land which he KNEW to be genetically modified. Not only that, he was quite familiar with the licensing agreements required for use of Monsanto genetically modified seed.

      I'm not saying it's not absurd, just pointing out what was found to be a compelling factor in the decision.

    15. Re:Wha...? by Lemmy+Caution · · Score: 1

      My solution: such research is funded by the public sector, and its benefits made available to the world.

      You know, like this like thing called the internet.

    16. Re:Wha...? by DGolden · · Score: 1

      because infringing on monsanto's intellectual "property" is a crime? I"P" law now has criminal penalties in several countries.

      Welcome to the glorious new age of Information Feudalism, please leave your Freedom at the door.

      --
      Choice of masters is not freedom.
    17. Re:Wha...? by Stonehand · · Score: 1

      Specious argument; genetic codes have semantics beyond that of numbers with nothing attached to them.

      --
      Only the dead have seen the end of war.
    18. Re:Wha...? by RidiculousPie · · Score: 1

      Specious argument; genetic codes have semantics beyond that of numbers with nothing attached to them.

      True.

      --
      ah, mod points ... now where is my crack?
    19. Re:Wha...? by Anonymous Coward · · Score: 0

      If you think about it long enough it will probably occur to you why seedless wheat and corn wouldn't be very popular products :-)

      If you can't figure out why, I suggest you consult a textbook that covers basic plant biology.

      Joel Mawhorter
      http://joel.mawhorter.org/

    20. Re:Wha...? by Anonymous Coward · · Score: 0

      The farmer signed a contract. Farmer violated contract. Seems open and shut to me

      It seems open and shut to you because you lack understanding of the potential implications.

      One relates to the conditions under which a person can enter into a contract and under which conditions a contract is null and void.

      Another relates to property rights. If we move into a world where everything is leased from a corporation, it will completely redefine what it means to owned by the man

      And I know I am missing a few about corporate rights and the way in which they use the courts.

    21. Re:Wha...? by Quikah · · Score: 4, Insightful

      Schmeiser saved seed he knew was roundup ready (he sprayed that field with roundup and found 60% of the plants survived) from 1997 and used that seed in 1998 to plant his entire canola crop for the year. You can read the court findings yourself here. He should have contacted Monsanto to get them to remove the plants from his property as two other farmers testified they had done.

      --
      Q.
    22. Re:Wha...? by t_allardyce · · Score: 1

      Shhhhh SHHHHHH!!! for fucks sake don't talk about non-capitalist ideas or the anti-red police will be knocking! Yes I also think that certain things are best in the public sector but I know when to keep my mouth shut.

      --
      This comment does not represent the views or opinions of the user.
    23. Re:Wha...? by westlake · · Score: 1
      The plant reporduces ON IT'S OWN with no interaction from a human.

      Not always. Corn has been selectively bred for thousands of years. It does not and can not exist in the wild.

    24. Re:Wha...? by maxpublic · · Score: 1

      customers need unions

      We already have one. It's called "government". If your union isn't working for you, perhaps it's time to change the leadership.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    25. Re:Wha...? by t_allardyce · · Score: 1

      Thats great for stopping big things like pollution, but if you're pissed off about something legal, what are you gonna do?

      --
      This comment does not represent the views or opinions of the user.
    26. Re:Wha...? by Anonymous Coward · · Score: 0

      I have the solution! We put massive concrete fences high into the sky between all farms, then deep into the ground to prevent animals from carrying them between farms under the fences. This way we can be sure no seeds travel between farms!

      Personally though, if I were ever on trial for software pirating, I'd plea cross-pollenation via electronic wind. I swear I didn't steal your software, the internet blew it onto my computer :D

    27. Re:Wha...? by swv3752 · · Score: 2, Insightful

      Why? Why should he have to go through the trouble of losing over half his crop because Monsanto release gengineered crops into the wild?

      --
      Just a Tuna in the Sea of Life
    28. Re:Wha...? by Ned+in+California · · Score: 1

      I followed that story and while it is true that the wind blew the pollen onto the farmer's land, he then carefully saved the seed only from the part of his crop that was GE-pollinated. So it was more than an accident that he ended up with Monsanto's GE seed for his next year's crop. Nevertheless, it does seem to me somewhat scary when a farmer cannot save his own seed. I'm not particularly sympathetic toward Mansanto!

    29. Re:Wha...? by kraut · · Score: 1

      Shouldn't the farmer be suing Monsanto for negligently polluting his seed stock? He could suffer serious damages, e.g. from not being able to sell his products as GM free anymore.

      --
      no taxation without representation!
    30. Re:Wha...? by Quikah · · Score: 2, Insightful

      Monsanto removes the contaminating crop at their expense (as noted in the judgement), I don't know whether that would include compensation for the lost crop or not. If he would have been monetarily damaged from the contamination he should have countersued Monsanto, he didn't, and the judge even makes a specific note of this in the decision.

      --
      Q.
    31. Re:Wha...? by webfiend · · Score: 1

      Actually, I haven't read the Merchant of Venice, although I freely admit that I should. Would you mind explaining the reference?

    32. Re:Wha...? by ignavus · · Score: 1

      Why not sue Monsanto for contaminating your crop with their proprietary seed?

      --
      I am anarch of all I survey.
    33. Re:Wha...? by Fjandr · · Score: 2, Insightful

      You hope to hell they don't, or you aren't able to save seed. Being in possession of Monsanto property without a license is a crime under US law. There is already case law supporting this, even as completely backward as the concept is. Not that I'd want to save any seed possibly crossed with Monsanto products...

    34. Re:Wha...? by Thomas+Shaddack · · Score: 1
      Mother Nature's patent expired a long time ago.

      For billions of years various life forms were taking their genomes, mixing them together and adding bits of innovation, or outright borrowed entire blocks of code (some bacteria are experts at this), and nobody complained.

      Then Monsanto lawyers came and started rewriting the history.

      Mother Nature's code was, is, and will be GPL.

    35. Re:Wha...? by Tacky+the+Penguin · · Score: 1

      Monsanto is also suing farmers who have not signed their licensing agreement, but who were caught with the genetically engineered plants growing on their farm.

      It is more than just a contract issue. Monsanto has actually patented the gene splice.

      If I decide to manufacture, say, Viagra, the company that holds the patent for that drug can sue me and win. I never entered into any contractual agreement with Phiser, but infringing on a patent is patently illegal.

      What makes this particular case so appalling, however, is the fact that the farmer didn't intend to steal the genetics. As a matter of fact, if any of that pollen managed to get to my heritage corn, I would consider suing for genetic contamination. Most people who buy organic or heritage produce do not want 'frankenfood'.

      The corn that we feed to our chickens and burn in our pellet stove might very well be frankencorn. We don't know -- it isn't labeled. Can I be sued if some of the seed lands on the ground and sprouts? (Fat chance! Our chickens don't let much get by them.)

    36. Re:Wha...? by maxpublic · · Score: 1

      That's why you have people called "legislators". They make law. They can also change law, and repeal law, within the restrictions of the Constitution.

      It's supposed to be great stuff, but so often the people called "legislators" are willing to whore themselves out for trinkets, hookers, and praise that the system doesn't work as designed. You might, in fact, have to shoot a few of them to get the rest to act in a respectable fashion.

      It's what Thomas Jefferson and Ben Franklin recommended if things got too bad, and I rather trust what those two had to say about politics and government.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    37. Re:Wha...? by bentcd · · Score: 5, Funny

      Mother Nature's code was, is, and will be GPL.

      No, it's BSD, which is why there is a problem. :-)

      --
      sigs are hazardous to your health
    38. Re:Wha...? by Solandri · · Score: 1

      Did he know it was Roundup ready, or did he think the plant had naturally developed a partial immunity to Roundup? It's one thing to grant Monsanto a patent for a gene they developed to grant plants resistance to Roundup. It's quite another to grant Monsanto ownership of all genes which grant resistance to Roundup.

    39. Re:Wha...? by Brandybuck · · Score: 1

      How dare you throw facts into a holy discussion on the evils of corporations!

      --
      Don't blame me, I didn't vote for either of them!
    40. Re:Wha...? by Kwil · · Score: 1

      So what you're saying is that farmers should have to pay the expense of being aware if their crop is contaminated with a better growing seed? What if they happen to think it's a mutation that happened on its own?

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    41. Re:Wha...? by starman97 · · Score: 2, Interesting

      I've got a better solution..
      gather up as much of thier seeds and fly over
      as many fields as possible and distribute the seeds
      over them, eventually you'll pullute the entire
      soybean crop of a nation with thier IP.
      at that point something will be done to solve the impasse.

      --
      Starman97@Gmail.com (bring it on spammers)
    42. Re:Wha...? by Kwil · · Score: 1

      Except the judge and the defense team goofed.

      Just because a plant is Round-Up Ready does not necessarily mean it's Round-Up seed. You see, nature has this thing called mutations. After all, just because Monsanto has their patent on Round-Up Ready canola doesn't mean that every strain of Round-Up resistant canola infringes on their patent.

      This is also why the patent should be rescinded. You shouldn't be able to patent something that can happen naturally.

      Unfortunately, neither the defense team nor the judge caught on to this line of argument. Not to mention that the case basically bankrupted Schmeiser (which is part of the reason for why there was no counter-suit)

      Really, the only person that Monsanto should have had a case against was the witness that testified he hadn't treated their intellectual property with due care and attention to prevent it from spreading.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    43. Re:Wha...? by schmaltz · · Score: 1

      Grow natural soy beans. Mother Nature's patent expired a long time ago.

      Monsanto expects a perfect world, where their seed stays where it's planted and doesn't ever move beyond the fields' boundaries. Unfortunately for them and everybody else, the seed will spread due to the forces of nature, which even the great Monsanto cannot control.

      Expect to see domestic seed stocks infected with Monsanto's engineered variants within a decade. By then, their patent will have run out, but the damage will be done - what nature spent evolving for millions of years will be changed.

      --
      Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
    44. Re:Wha...? by Pakaran2 · · Score: 1

      Yeah, something will be done. Most likely, the company suing each farmer and then owning an entire nation.

    45. Re:Wha...? by Anonymous Coward · · Score: 0

      If I were a farmer and found this genetically engineered seed growing on my property, I would sue Monsanto for damaging my crop. I would claim that I was breeding a special crop that would be worth several million, perhaps billion, dollars and that because of cross pollination my investment had been destroyed. I would then claim that because Monsanto knew the plant would spread and then sold the seed anyway they were negligent at best and criminal at worst. Juries of normal people are generally not inclined to side with a corporation experimenting with bio-engineered seed that spreads. (Is this because there have been too many B-grade movies on the topic?) Anyway, I would easily win the lawsuit and retire.

    46. Re:Wha...? by Frogbert · · Score: 1

      Monsato are a terrible company, they have suppressed research showing that their growth hormone that most American farmers are pumping into their diary cattle can cause serious health issues to those who drink the milk produced, namely cancer.

    47. Re:Wha...? by Anonymous Coward · · Score: 2, Informative

      I have mod points but I wanted to reply. In the case of Percy Schmeiser, he did file a countersuit.

      "Schmeiser launched a $10 million lawsuit against Monsanto, accusing the company of a variety of wrongs, including libel, trespass and contamination of his fields with Roundup Ready." from http://www.percyschmeiser.com/conflict.htm

      Monsanto is pure EVIL.

    48. Re:Wha...? by statusbar · · Score: 2, Insightful

      That would be a good thing to do - set a precedent. When you find out your neighbour is growing round-up-resistant grain and you see it cross-pollinating onto your property, sue your neighbour for planting seeds that are endangering you by exposing you to lawsuits by Monsanto.

      --jeff++

      --
      ipv6 is my vpn
    49. Re:Wha...? by redsilo · · Score: 1

      Only as an aside to all this: Many third world countries have laws that prohibit this sort of contract and the companies are plenty happy to sell farmers there the technology knowing full well the farmers will save and replant seed. Aren't we special here in North America?

    50. Re:Wha...? by Anonymous Coward · · Score: 0
      Dear Diary,

      Day 1. I mooed today. Then I ate some hay and shat.

      Day 2. I mooed today. Then I ate some hay and shat.

      Day 3. I mooed today. Then I ate some hay and shat.

      Day 4. I mooed today ...

    51. Re:Wha...? by nick_davison · · Score: 1, Troll

      There are two ways to challenge a law you consider unjust...

      Legally, within the bounds of the law.

      Illegally, outside of those bounds.

      The first solution is taken by people like Ghandi, Martin Luther King, etc. We respect them.

      The second is taken by such luminaries as Timothy McVeigh and those fine upstanding people who blow up abortion clinics because they consider abortion a sin. We consider them a$$holes.

      What is legal or illegal is not the same as what is right or wrong. But there is a right and a wrong way to challenge that. People often confuse that. Please don't.

      This farmer may well have felt that what Monsanto was trying to enforce was wrong. So challenge that in court. Campaign against them. Raise awareness. Start an organisation to fight the patenting of genes. Whether the contract was wrong or not, that doesn't grant the him the right to simply ignore the law and breach a contract he knew about.

      Music piracy is much the same thing. I don't necessarily agree with the way the RIAA operates. I'd still rather vote with my cash or challenge them legally than try the childish "well they did something wrong so it entitles me to!"

      Moderate -5 - Goes against the general /. sentiment

    52. Re:Wha...? by GoCoGi · · Score: 2

      You will have problem though, when you can't legally challenge a law anymore, because there is no way to do so.

    53. Re:Wha...? by Feztaa · · Score: 1

      We consider them a$$holes.

      George Washington, the greatest Asshole of them all.

    54. Re:Wha...? by Anonymous Coward · · Score: 0
      No reason to give dairy cattle growth hormones. Maximizing weight gain with the minimum amount of feed is not the purpose of their existence. They are mature animals whose main purpose is to breed and produce large quantities of milk after calving. That can certainly be done with proper nutrition and if someone wants to waste money with hormones, then it's not a big deal anyway. It's the same shit their bodies produce anyway.

      Sorry to see that you drink Peta kool-aid.

    55. Re:Wha...? by AmberBlackCat · · Score: 1

      Can anybody sue Monsanto for contaminating their fields with its seeds? If somebody sprinkled a competitor's seeds into Monsanto's fields, could Monsanto be sued? How does Monsanto get access to the people's crops to determine that their seeds were used? Did they do it legally? There has to be some way to get these crooks.

    56. Re:Wha...? by Trepalium · · Score: 1

      You know, considering that case was appealed all the way up to the Supreme Court of Canada, it doesn't make a whole lot of sense to quote a lower court's opinion. Try this one instead. Schmeiser didn't exactly win his appeal, but he didn't exactly lose, either. The court ruled that because he did not profit from the infusion of roundup-ready canola in his field, there were no damages to Monsanto, and that each party should pay their own legal fees. It wasn't a unanimous decision either. It was decided 5-4 in favour of Monsanto's interests, with the other four judges dissenting and siding with Schmeiser.

      --
      I used up all my sick days, so I'm calling in dead.
    57. Re:Wha...? by jsebrech · · Score: 2, Insightful

      Don't like it? Grow natural soy beans. Mother Nature's patent expired a long time ago. ;)

      You make it sound like what monsanto did was some amazing feat. They did not engineer a new species of soybean from the ground up. Nobody has yet to do that for anything but single-celled organisms. What they did was akin to crossbreeding, only more high tech. These patents aren't about custom made genes, they are patents on existing biological code made by nature, applied to a different species. All you have to do is document what a gene does, and you've got a patent. That's not novel at all. And might I remind you that all that genetic code is are building plans. If monsanto can patent DNA, then architects should be able to patent room shapes (even if the room shapes existed prior to their patenting, but had never been used in a building like the one the architect is designing).

      But even that aside, it shouldn't be possible to patent life, regardless of its origins. I know it seems harmless, but what is becoming obvious is that these patented seeds will displace regular seeds, until there's a tax on life itself, paid yearly to monsanto. That's immoral, because it damages society greatly without providing a comparable benefit.

      Ofcourse, I don't believe anything should be patentable, because I have yet to see conclusive evidence that patents are a net benefit to society at all (everything I've seen points to them being a leech on society). But if you must have patents (for whatever insane reason), life should be the VERY LAST thing they should be able to cover.

    58. Re:Wha...? by R.Caley · · Score: 1
      That intellectual "property" law applied to genetics is unjust and wrong.

      But the situation described in this stoy is not about IP law, simply contract law. IP doesn't come up. A seed company could put that clause in their contracts for perfectly standard seeds whose DNA they had no idea about, and if you singed and then broke the agreement you would deserve to be sued.

      There is no moral issue about a contract which says `I will not do X', unless X is something extreme like `eat'. Harvesting seed is clearly not in that league.

      A farmer who objects to monsanto's IP behaviour would simply not sign that contract and buy seeds from someone else. If you object to Microsoft's IP policy, don't sign a NDA with Microsoft.

      A farmer who signs up with monsanto and then collects and replants seed is acknowleding monsanto's right to control the IP, and then breaking what they have agreed to. Hence they are being bastards from either POV about the IP.

      There is an interesting moral issue about harvesting seed from self-seeded plants. If you haven't signed a NDA with Microsoft, and some information falls into your lap because of a missfeature in XP, then... what? For computer stuff we have copyright, which says you can pass on the information you found, if you are willing to put some minimal work into explaining it rather than just copying the literal bits.

      For GM organisms, I think we have a perfect compromise. I think we can safely give people IP right overthe genetic sequences they create (rather than copy from nature). If you legitimately get hold of an organism contianing that sequence (eg it self seeds on your land), YOU wouldn't be allowed to copy it, but if the organism does so, let monsanto sue them. The case of monsanto vs. a stalk of wheat would be worth seeing. if you design a photocopier which prints a copy of it's own plans after each job, then you cant sue me for having copies of your blueprints, you forced them on me, using my paper and toner!

      If we did it that way, the IP would have the effect of allowing monsanto to block competitors from just nicking their roundup-immunity gene in the lab, but it would mean that once the GM seed was out in the real world, it would be on a level playing field to compete with other seeds. farmers who want guaranteed properties in their crop buy new seed, those who are willing to live with drift over generations collect seed.

      --
      _O_
      .|<
      The named which can be named is not the true named
    59. Re:Wha...? by deimtee · · Score: 1

      That article also mentions that he was hiding a truckload for someone, and lied about it. I'd bet that he actually went to jail for giving false information, aiding and abetting or perjury depending on who he lied to.

      --
      I'm guessing that wasn't on their radar screen...
    60. Re:Wha...? by BCW2 · · Score: 1

      You might want to look at the fact that farmers always save a percentage of the harvest for next years seed. This has only been done for thousands of years. There were no seed companies or plant breeders, if you didn't keep some you had nothing to plant next year.

      Having grown up in the house of an Ag Professor at a Land Grant University (NMSU) I know both sides of this issue. Hell, some of the guys who got their PHD's under my Dad used to work in Monsanto's R&D, some might still be there.

      --
      Professional Politicians are not the solution, they ARE the problem.
    61. Re:Wha...? by grmoc · · Score: 1

      Actually, the crop that the farmer grew was intended to be his own.

      He grew his own plants, and harvested his own seeds, which he had been doing for decades.

      Montsanto then plants their GMO seeds in the next field over, those plants pollenate his field's plants, and now he has their gene in his plants.

      He harvests the seeds, as normal, and plants the field as normal.

      Next year, Montsanto sues him for violating their patented plant-gene ... -becauase THEIR plants pollenated HIS field-

      In this case the difference is that he CANNOT GROW NATURAL PLANTS EVEN IF HE WANTED TO-- they would be pollenated by Montsanto's plants, and then they would no longer be natural.

    62. Re:Wha...? by Alsee · · Score: 3, Insightful

      You did not answer his question, and it was the exact same question I almost asked you before I saw his post. So'll I'll ask my question / repeat his question:

      WHY?

      They are his fields and his crops. Why is someone "supposed" to contact Monsano if Monsano pollen/seeds/whatever contaminates thier fields? Hell, what if they've never even heard of Monsano?

      What if a farmer is growing, I dunno, kumquats. And while running his farm he decided he likes some of his kumquat crops better than others. Maybe they grow faster. Maybe there are more kumquats per plant. Maybe they don't get as chewed up by bugs. Maybe they better stand up to some typical farm chemical like RoundUp. Or maybe they simply smell kumquattier. Are you saying this farmer is supposed to run around calling every company in the country (or maybe every company in the world) and ask if if his kumquattier-smelling kumquats aren't really his or something? And that he is supposed to ask them to come haul off his crops? Whether this company is willing to offer him a check isn't really the point (even if we do ignore the question of that company getting to fill in whatever dollar amount they like). The point is whether this farmer with kumquattier-smelling kumquats is somehow liable under civil or criminal law for not running out and trying to find out if some company claims to own kumquattier-smelling kumquats, or for "failing" to contact such a company even if he already knew they existed.

      When you say "should" you are presumably talking about legal liability for non-compliance. And that is an insane legal liability. One you apparently extend to an ordinary innocent farmer going about his routine business exactly as he has every season for the last 20 years. And if his field is "contaminated" by some gain of pollen blowing in the wind, he is under some legal obligation to someone he has no business with, someone he never saw before, possibly even someone he never even heard of?

      I certainly understand the motivation for "IP" laws. However good motivation does not equal good law. When you run into insane reults like this it is a BAD and BROKEN law, no matter how much you think we need to protect Mansano's "property".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    63. Re:Wha...? by jrumney · · Score: 1
      OK, farmer entered into an agreement with Monsanto, got it.

      Not necessarily. Monsanto have been known to sue farmers whose crops became contaminated with windborne patented seeds from their neighbours' feilds.

    64. Re:Wha...? by jrumney · · Score: 1
      Monsanto removes the contaminating crop at their expense.

      No they don't. They claimed that in court, but his wife is now suing Monsanto in small-claims court because they have failed to remove the very canola plants they sued her husband over 7 years ago from her organic garden.

    65. Re:Wha...? by Quikah · · Score: 1

      Well I have not heard anything about a countersuit, just read what was in the court papers. Also that link is over 2 years old, did he ever go ahead with it?

      --
      Q.
    66. Re:Wha...? by Quikah · · Score: 1

      I was quoting the facts of the case, which did not change on the appeal. The only thing that changed was the final judgement.

      --
      Q.
    67. Re:Wha...? by Quikah · · Score: 1

      Because that is what the law says.

      Ideally what should happen is that the company would contact the farmer and tell them that he is growing the plant. They go to arbitration and it is determined that it was accidental contamination, the farmer is compensated for any loss and that is it.

      --
      Q.
    68. Re:Wha...? by Alsee · · Score: 2, Insightful

      HELLO! McFLY!!!

      I'm sitting in my livingroom. I've done nothing wrong. You're saying some random schmuck I've never heard of can barge into my house, haul me into a court room, waste my time, make me jump through all sorts of insane loops, and in general turn my life upside down. All of which is going to be a far more serious assault on me than any of my property you also say they get to steal. The theft is the lesser part of this assault.

      Oh, and in case you somehow FORGOT, my second sentence was "I've done nothing wrong"!

      I ask why, and your answer is "because".

      You know, I live in a Blue-State and I think Bush is a jackass. But suddenly I'm getting the urge to move to a Red-State, buy a gun, and I'll just shoot any jackass that comes trespassing on my land and attempts to steal my property.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    69. Re:Wha...? by davidkw · · Score: 1

      Actually, if you read up on it. A farmer did NOT enter a contract. A wind blew across the prairie and infected his field with GMO plants. on some fields to a level of 2 or 3%. He never grew Monsanto canola, nor did he try to. Unfortunately, the wind cross-pollinated and now Monsanto owns his crop and livelyhood.

      It is a great scam. Plant seeds you own the patent on next ot a farmers field. Wait for cross-polination from birds, bees and wind - and then assume ownership of said farmer's crop for patent infringement....

      --
      DKW
    70. Re:Wha...? by buddhaseviltwin · · Score: 1

      Because that is what the law says.

      WHERE?

      You're annoying me and a lot of other people by replying with this "ideally" and "supposed to" crap. Please identify this law that compels farmers to notify the patent holders of genetically modified plants when they've contaminated their fields. Otherwise, it sounds like these activist judges are reinterpreting existing IP law in a way they were never intended to be interpreted under your "supposed to" principle.

      Lastly, If "ideally" and "supposed to" was law, then why it that companies like Monsanto are never punished under the "ideally" and "supposed to" and always get away under the "technicality" laws?

    71. Re:Wha...? by buddhaseviltwin · · Score: 1

      Please don't make this a red-state, blue-state, Republican/Democrat issue. You do the issue a disservice by involving it this stupid political dichotomy.

    72. Re:Wha...? by refactored · · Score: 1
      Ah.

      So you read every word of the last EULA you clicked "I Accept" to?

    73. Re:Wha...? by Alsee · · Score: 1

      Oh... no no no... I didn't mean to suggest *this* was a red/blue issue.

      I was just citing the "red state" cliche. A bit of "wild west justice". You've done nothing wrong and someone tries to tresspass on your real property and steal your real physical property - you obviously have the right to shoot him. I was not doing so in an insulting way. I cited it as an appealling notion for clearing up this nonsense. In particular I had in mind how the "intellectual property" logic was in fact producing broken results violating real property rights. The violation of real property rights should hit home with ritcheous-defenders-of-IP.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    74. Re:Wha...? by buddhaseviltwin · · Score: 1

      I see. Good analogy and interesting POV.

      Next time, I'd suggest you spell things out for dummies like myself, who don't always get the implications right off the bat and are easily derailed by loaded references.

  15. mj by Anonymous Coward · · Score: 0

    Bleh I haven't been able to legally plant my marijuana seeds for a long time how come no one is looking out for me?

    1. Re:mj by bob+beta · · Score: 1

      Sucks, doesn't it, considering how much per ounce you paid for those %$^&@#$ seeds!

  16. I don't see the problem. by still_sick · · Score: 2, Insightful

    The farmer bought seeds from Monsanto, thereby agreeing to their terms and conditions. One of those terms was that he COULD NOT save and re-plant seeds next year - he would either have to buy them again, or use a different type of seed.

    He is being sued because he saved and re-planted seeds. Exactly what he agreed not to do by purchasing the seeds in the first place.

    Don't like the Terms and Conditions? Don't use their product.

    There have been reports of VERY shady Monsanto lawsuits in the past that were really crappy - but this one seems fair enough.

    --
    ...Also, I didn't know Buggalo could fly.
    1. Re:I don't see the problem. by Anonymous Coward · · Score: 0

      I have to agree. As the Article says, what about the farmer who is paying for new seed (technology) each year? Can't they expect the increased benifit from payment and expect those who do not pay each year to not benifit?

  17. Simple answer: Don't use those seeds. by Anonymous Coward · · Score: 0

    The company made the technology, the company can decide how it sells it.

    If the farmer doesn't like the agreement, they can keep using their previous seeds for crops.

    If the farmer breaks the agreeemnt, the company can seek damages -- just like any other contract.

    I see no problem here. Go back to promoting piracy and bashing Microsoft.

  18. Non-news. by bob+beta · · Score: 1

    This sounds like a flame topic, for the most part. Farmers who signed an agreement not to replant shouldn't replant.

    Now, if there were cases where seeds had inadvertantly spread, and people were getting in trouble for said seeds spreading to their land and them replanting, it would be different. As it stands, it's a business deal thing.

    Farmers who want to replant part of their harvest each year should plant varietes that they aren't prohibited from replanting in the agreement they make when procuring seed.

    This is definitely a 'Michael' topic, though, isn't it?

    1. Re:Non-news. by Local+ID10T · · Score: 1
      Now, if there were cases where seeds had inadvertantly spread, and people were getting in trouble for said seeds spreading to their land and them replanting


      This has happened. And Mosanto actualy has WON the lawsuits they bring against neighbors whos stock has been contaiminated by the Mosanto seeds.

      If your plants produce seeds/pollens which are carried by wind/animals/insects onto my field and thus mix with my crops.. I am liable for violating your IP. Or at least that was the court decision Mosanto won (purchased/bribed/extorted) from the Canadian courts.
      --
      "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
  19. What happens if... by CyanDisaster · · Score: 1

    ...the genetically modified seeds are spread by natural means and infect/grow in another farmer's field? Oh wait...they get sued, which is complete and utter bull in my opinion. Shouldn't it be up to the company who created the GM seeds to control how they are spread, or be unable to sue farmers who had no control over the spread of seeds?

    Hope be with ye,
    Cyan

  20. hey Monsanto by Anonymous Coward · · Score: 0

    fsck you monsanto I hope you die a miserable death...

  21. Re:Not news by bani · · Score: 1

    because then 99.99999% of /. submissions would be NN

  22. How about.... by Anonymous Coward · · Score: 0

    How about not buying your seeds from them ? If you buy them (or any product/service) from a company and agree to the terms then you are held to them.

    And don't tell me its the only option. There are other seeds available...maybe not as genetically engineered or as strong strain... but get over it.

    This was posted just to get a knee-jerk reaction from the slashdot masses and you know it.

  23. The thing about the Canadian Case... by Anonymous Coward · · Score: 0

    Here's the deal. The guy doesn't even use their seed. Never used there seed and never wanted to used their seed. The damn seed blew onto his property and he ended up planting it as part of his standard planting process.

    I firmly believe that this is absolute BS. For all we know the company purposely put it onto his property to force him to buy seed from them. This is a simple case of treating people as criminal for doing nothing wrong. It's an abuse of power and it's just a case of a corporation that wants to totally take over a market place.

    I wonder if soon it will even be possible to get seed that isn't from these guys.

  24. Not Just Corn... by Mister+Transistor · · Score: 2, Insightful

    Plant another kind seed and go to jail, too... How about cannabis sativa (or do you prefer indica?)

    Assholes always keep trying to make nature illegal. Har!

    --
    -- You are in a maze of little, twisty passages, all different... --
    1. Re:Not Just Corn... by Anonymous Coward · · Score: 0


      Yarrr, ye think i be kidding when i say dis shit's so good I had it PATENTED?

  25. Bad for Business by astebbin · · Score: 2, Insightful

    Of course, suing the farmers to whom this company markets the seeds will more or less shut down any hope of future profit from the agricultural comminuty who are "just fine, thanks," with natural seeds that don't have hundred or thousand-dollar yearly fees attached. Most farmers have it hard enough already just getting enough money to pay the bills and feed the family...

    1. Re:Bad for Business by Anonymous Coward · · Score: 0

      too bad Monsanto pretty much as a monoploy on the US market. they can do what they want and get away with it... it's very sad.

  26. my seed? by Anonymous Coward · · Score: 0

    God forbid if Monsanto got ahold of MY "seed" and mucked around with it and produced a genetically enhanced version of me. I fear for all my poor little clones childern being considered the properity of Monsanto. :*(

  27. Interesting. by jago25_98 · · Score: 5, Funny



    I may apply this to my daughter.

    1. Re:Interesting. by fingerfucker · · Score: 1

      I may apply this to my daughter

      Did you mean applying seed to your daughter? That's... ugh... hmmm....

  28. Why would anyone buy seed from Monsanto? by shitdrummer · · Score: 2, Insightful

    Seriously. Why would any farmers choose to buy GM seed from Monsanto? They should all know how Monsanto do business and the potential consequences of their decision to purchase Monsanto GM seed.

    Once you buy their seed, it's very difficult to go back to non GM seed. Mostly just because Monsanto will hound you until they find just one unlicensed grain of their GM product on your land and sue you into oblivion.

    Even 3rd world countries are aware of the potential problems. Some have even gone so far as to refuse US food aid because it was Monsanto GM grain that was being offered. If leaders of 3rd world countries can see the potential problems, why can't western farmers?

    Shitdrummer.

    1. Re:Why would anyone buy seed from Monsanto? by damnnicks · · Score: 1

      What kind of irresponsible government would rather starve their population than risk future lawsuits?

      Priorities, people!

    2. Re:Why would anyone buy seed from Monsanto? by Dufftron+9000 · · Score: 1

      They buy it because it is RoundUp ready. RoundUp being one of the more popular herbicides it would makes sense to have your crop immune to its effects so that you can spray much more liberally, which is also good for Monsanto. You get higher yields with less careful work so in theory you (the farmer) make more money.

    3. Re:Why would anyone buy seed from Monsanto? by shitdrummer · · Score: 2, Informative

      It's not so much about lawsuits. The grain offered was engineered so that the seed harvested from the GM plants grown from the GM grain would never grow. Thus forcing the country to keep relying on aid for ever more instead of using traditional grain and saving part of the harvest each year for re-planting.

      The question has to be asked, why was the US giving Monsanto GM grain as food aid in the first place instead of a cheaper non GM alternative?

      Shitdrummer.

    4. Re:Why would anyone buy seed from Monsanto? by damnnicks · · Score: 1

      Sooo... If I'm following you:

      1) Significant portion of poor nation is starving to DEATH.

      2) The US donates the most productive AND expensive grain available.

      3) There is no risk of future lawsuits due to patent contamination.

      4) There would be no extra cost in buying new non-patented stock later on, when nation is not starving.

      5) Nation chooses to starve rather than sully hands with GM grain.

      6) US IS EVIIIIIILLLLLLLLLLLLLL!!!!!!!!!!

      I reiterate: Priorities, people!

    5. Re:Why would anyone buy seed from Monsanto? by tepples · · Score: 1

      3) There is no risk of future lawsuits due to patent contamination.

      I don't see where you get this point at all.

    6. Re:Why would anyone buy seed from Monsanto? by damnnicks · · Score: 1

      The parent of my post you responded to (great-grandparent of this one?) claims the GM grain was engineered to be sterile after one generation.

      I don't particularly believe this claim (and I seem to recall the grain was intended for eating, not growing), but it makes my point stronger for that particular case: It was idiotic for the governments involved to reject that grain.

      Starving people are more important than the food source. (Unless the food source is Solyent Green?)

    7. Re:Why would anyone buy seed from Monsanto? by tepples · · Score: 1

      It was idiotic for the governments involved to reject that grain.

      Another comment to this Slashdot article seems to claim that the countries eventually accepted the free grain on the condition that it be milled so that it can't grow.

      Starving people are more important than the food source. (Unless the food source is Solyent Green?)

      In A.D. 802701, war was beginning.

    8. Re:Why would anyone buy seed from Monsanto? by stinerman · · Score: 1

      If leaders of 3rd world countries can see the potential problems, why can't western farmers?

      Isn't it just easier to sit back and pretend everything is ok?

      Why worry when you have an SUV that gets 10 MPG and a television that gets 300 channels? What more could anyone want?

  29. This just in: farming is a business by Momomoto · · Score: 2, Insightful

    Not only is the submitter trolling, he's glossing over some important points:

    If you buy Monsanto's seed, you sign a contract that says that you won't save seed for next year. If you end up saving seed, you're in breach of contract. Point finale.

    If you don't agree to their terms and conditions, you're not being forced by anybody to buy Monsanto seed. You'll just have to be content with other seed that doesn't have value-added traits such as herbicide or pest resistance.

    --
    "Max, come over here. French-Canadian bean soup. I want to pay. Let them leave me alone." - Dutch Schultz
    1. Re:This just in: farming is a business by Anonymous Coward · · Score: 0

      But seed is an independent living organism. If I happen to acquire monsanto seed without entering into any contract with monsanto, monsanto will still sue under dubious gene-patent laws. I think that's very wrong, fundamentally so. I wouldn't have much argument with a pure breach of contract law suit. But a patent violation suit from monsanto, claiming ownership over the stuff of life itself is Just Wrong. Monsanto are proof of the existence of true evil in the world.

      It is the duty of all free people to oppose the patent system.

    2. Re:This just in: farming is a business by John+Leeming · · Score: 2, Insightful

      You miss the larger point.

      You cannot remove all of the seed that you plant. There will be some that you plant which does not immediately germinate, and there will be some that spills off into the soil from the original stock.

      If that "excess" plants, then the farmer is in violation of the contract unknowingly and unwittingly.

      Further, there is the issue of the mature plants spreading to non-contracted farms and fields, "contaminating" the seed stock there with the contracted genetic code, and thus causing an otherwise innocent farmer to be charged and convicted with piracy, if not outright grand theft.

      And, lest we forget, we then have a crop of "pirate" plants which will be destroyed, removing the farmer's source of income in addition to the burgeoning legal bills, all because his fields were too close to some poor schmuck who signed a contact.

      --
      "Eustace? Eustace? Are you there? Are you there?" = John Leeming
    3. Re:This just in: farming is a business by Anonymous Coward · · Score: 0
      And, lest we forget, we then have a crop of "pirate" plants

      "Contract-violating" plants.

  30. Key phrase... by HardwareLust · · Score: 0

    is "...according to their license agreements..."

    While I do not agree with Monsanto's tactics, no one held a gun to the farmer's heads when they signed the agreement to plant Monsanto seeds.

    Much as it sucks for the farmers, it's their own damn fault. They should have read and understood the licensing agreement. The agreement obviously held up in court.

    --
    ...not that I'm a pirate.. Hell I've never even fired a cannon. - oldwolf13
  31. Different license Agreements by Anonymous Coward · · Score: 2, Insightful

    Monsanto is perfectly willing to sell you seed that you allowed to replant, it simply costs more. On a related note, the seed that is not licensed to be replanted often shouldn't be replanted anyway. It is frequently a dihybrid cross that whose next generation is not nearly as robust.

    1. Re:Different license Agreements by SilverspurG · · Score: 1

      It is frequently a dihybrid cross...whose next generation is not nearly as robust.

      I'd always thought the genetically engineered seed was also genetically engineered not to produce seed, at all. I guess I gave the biology guys too much credit.

      In a thought about IP issues: this would be bigger than music piracy if we lived in an agrarian society.

      --
      fast as fast can be. you'll never catch me.
    2. Re:Different license Agreements by mink · · Score: 1

      The "Terminator" gene is patented so if you want to produce a product that wont reproduce you need to pay extra license fees to another patent holder.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  32. If yer a nerd, probably not ... by Anonymous Coward · · Score: 0

    I know there are drug companies that have patented sections of the human genome, does that mean that I now cannot have children of my own, since I would be illegaly planting my seeds from a previous "harvest" without a license?

    Only if your parents produced you using genes specially designed by a pharma and you signed an agreement on your 18th birthday saying that you would not pro-create.

  33. Old news by flossie · · Score: 2, Informative

    This is one of the reasons that Europe became so anti-GM a few years ago (BSE being another major factor). The idea of large companies holding the world to ransom, trying to enforce their IP with 'terminator' genes and the formation of a global monoculture of stable crops do not go down well with most people.

    1. Re:Old news by Tony+Hoyle · · Score: 1

      It was monsantos antics in the 3rd world that caused a lot of that (no you can't feed your family! That would be copyright infringment!).

      The general unease about a blatantly unethical company making random modifications to your food didn't help either. They got enough lobbyists to legalise it in the UK (our government isn't too expensive to buy) but nobody will buy food with it in, so there's no point in growing it.

    2. Re:Old news by temojen · · Score: 1

      What does Genetic Modification have to do with BSE?

    3. Re:Old news by mrbuttboy · · Score: 2, Interesting
      The idea of large companies holding the world to ransom,


      Drama much? So instead of CHANGING the laws to reflect common sense/ what is best for the world, you dont use the product? That makes sense to you?

      I just started listenin to Free Culture by Lawrence Lessig and it mentions how for a very long time it was assumed you owned everything above or below the ground. That is, you owned the airspace above your land hence planes could only fly there with your permision. This was quickly changed to adapt for airplanes.

      IP law is an important and good aspect to modern socity but dont let other people decide how it should work. IP is for the PUBLIC good,not the private.
      --
      What do you say to the man that has nothing? Cast it away!!
    4. Re:Old news by flossie · · Score: 5, Insightful
      What does Genetic Modification have to do with BSE?

      When the BSE story first broke, the UK government tried to convince the British public that British beef was safe (there is wonderful video footage of the environment minister of the time (John Gummer) publically feeding his daughter a beef burger - but she refused to eat it!). Anyway, the whole sorry saga led to two things. Firstly, the British people stopped trusting the government when they said that things were safe. Secondly, people became a lot more aware of what they were eating and sensitive to production methods. Remember, BSE came about because of greedy farmers, with the encouragement of the Thatcher government, feeding dead cows (meat) to living cows (herbivores).

      So, sensitised to farming methods, the British public questioned the wisdom of genetically modifying food. Most of the concern was centred around the impossibility of undoing any genetic pollution that would result. The UK government (Blair in particular) have tried to tell everyone that GM is safe - but thanks to BSE, no-one believes them.

      Our government has passed laws making GM crops legal, but fortunately, there has been such a strong anti-GM movement here, that supermarkets don't dare stock GM food. Since BSE, the British public have become slightly more aware of the way that food is produced.

      This means that there is no profit to be made from GM crops and so no companies are even bothering to apply for licenses to grow them.

    5. Re:Old news by flossie · · Score: 1

      I admire Lawrence Lessig. He has a lot of very good stuff to say about intellectual property law. But it isn't really relevant to food production. The idea that companies could use the law to prevent farmers from growing food is utterly ridiculous. There was outcry in Europe when Monsanto tried to introduce the terminator gene. IP law is not the problem in this instance. The problem is companies trying to get a monopoly on food production. It is such an obscene idea, that IP law doesn't really enter into the equation - at least in Europe.

    6. Re:Old news by Anonymous Coward · · Score: 0

      The above post should be +5.

      It is the single most important factor regarding this topic.

    7. Re:Old news by back_pages · · Score: 1
      Yeah, but two points..

      Remember, BSE came about because of greedy farmers,

      By this you mean "farmers trying to make a profit and support their livelihoods". I'm not saying you're wrong, but I'm equally greedy for going to work on Monday.

      feeding dead cows (meat) to living cows (herbivores).

      As I understand it, and I'm not an expert, the problem was returning brain matter into the feed supply. Had they simply chosen to discard the brain (and spinal cord?) material from slaughtered cattle, there would have been no chance to spread the BSE protein or whatever and thus no BSE problem. Feeding cattle meat to living cattle was NOT the cause of the problem.

    8. Re:Old news by temojen · · Score: 2, Insightful

      Prions can infect any neuron. If you think there are only neurons in the brain and spinal column, try touching a red hot stove burner.

    9. Re:Old news by Forbman · · Score: 1

      As I understand it, and I'm not an expert, the problem was returning brain matter into the feed supply. Had they simply chosen to discard the brain (and spinal cord?) material from slaughtered cattle, there would have been no chance to spread the BSE protein or whatever and thus no BSE

      Ever been to a rendering plant? The animal byproduct protein used came from rendering plants.

      Sure, some of it might be unsaleable meat, but the rest of it is organs, including spinal cords and brains. It all goes into big mechanical digesters, subjected to steam, etc., and eventually dried and ground up into powder which is then added either as a suppliment or replacement for grain-based feeds.

      It's not really feasible at the rendering plant to divide this shit into "brains and spines" and "everything else", because it's all mixed into one big happy mess that would be impossible to differentiate. It wouldn't make the slaughterhouse/abbatoir owners happy, either, because this is one more step in the process, and one more thing for cutters to have to worry about. Not only do they have to work at pretty high rates of speed, but now they have to be careful when cracking carcasses in half to not get any CSF or accidentally cause cut spinal cord or brain material to get onto/into the carcass?

      So the idea seemed to make sense at the time. It was just another byproduct someone was extracting a marginal value from, and the farmers were getting a cheap source of protein for their animals (Britain doesn't have a lot of space to grow grain, especially corn, for their livestock!), a win-win for everyone.

      While it seems to be really pushing the limit, I was at the feed store the other day (in the US), and you can still get 50# bags of blood meal. The restriction is only on feeding herbivore *meat* byproduct back to herbivores. Blood meal kind of passes around this.

      But it works good in the garden, I suppose.

      If y'all remember things after the E. coli outbreaks in Washington, how *vehemently* the beef industry prattled about how they didn't need more stringent testing procedures, well... Sure, most of the ranchers and stock yard owners feel good to eat their own product. But they also know beforehand what animals they want to keep for themselves, and if they don't do the job themselves they know the butcher where it's getting done (and the other animals are similarly chosen by other farmers for personal or locker sales). They don't just randomly go to the auction and buy a couple of steers just to put into their freezer a couple of weeks later, because they know (but probably wouldn't directly 'fess up to) that this isn't probably the smart way to feed your family (and it's too expensive, too! an 800# steer, selling on the hoof at the auction for ~1.00/lb, just to put in your freezer? Heck no, you're gonna put away one of your own cows that have been happily eating free grass for the last year)!

    10. Re:Old news by tchiwam · · Score: 1

      10 years ago...
      Milk came from cows, eggs from chicken, meat from dead cow, chicken, horse, pig ...

      Now...
      Milk comes from bag or card box, eggs from card box, meat from plastic wrapper ...

      How many of you still call their milk jar the moo ?

    11. Re:Old news by 91degrees · · Score: 1

      When the BSE story first broke, the UK government tried to convince the British public that British beef was safe

      Well, you're about 50 times more likely to choke on a steak than contract CJD from it, and several hundred times more likely to die from a heart attack from eating too many burgers. Plus there's not really enough statisitcal evidence to draw a definite conclusion about the cause of CJD. I think the government might have had a point.

    12. Re:Old news by flossie · · Score: 1
      Plus there's not really enough statisitcal evidence to draw a definite conclusion about the cause of CJD. I think the government might have had a point.

      The scare started long before anyone was considering vCJD. British cows were going mad. Even if there had been no statistical evidence to support the conclusion that feeding meat to herbivores is stupid, the government was very, very wrong to try to reassure the public in the way that they did.

      They weren't saying that there was no statistical evidence to prove any causal links; they were saying that the meat was safe. That is not the same thing at all. The former could imply that no research has been conducted, or that research has not found any evidence of a link. The second implies that research has been conducted, the results are in and there is nothing to worry about.

      The government lied. They said that the beef was safe. They said this because the ministry of agriculture, fisheries and food was more concerned with industrial profits than consumer protection. They had no evidence to back up their assertions and their assertions were wrong.

    13. Re:Old news by Anne+Thwacks · · Score: 4, Insightful
      You forgot to mention that the good Ol US of A is threatening trade wars because we won't buy this stuff.

      If food is marked "contains GM stuff" no one in Europe will buy it. Consequently the supermarkets don't want it. The importers don't want it, and even if the yield is higher, most farmers here don't want it cos they can't sell it. A few farmers have been bribed by Monsanto to try it out for test purposes. Several of those have joined the protest movement, not least because they contaminated their neighbours crops after being told it wouldn't happen. (Most farms in Europe are under 100 acres, so farmers have a lot of neighbours, and they are not very far away!)

      Any MP/MEP caught voting for GM stuff risks losing his seat, so there is a tendency for our laws to prohibit it until its adequately tested.

      The US has problems selling it to us because of consumer resistance. So they are threatening retaliation on the grounds that it is "illegal interference with free trade". Surely its interference with free trade to force people to sell what their customers won't buy?

      --
      Sent from my ASR33 using ASCII
    14. Re:Old news by BuilderBob · · Score: 1

      Our government has passed laws making GM crops legal, but fortunately, there has been such a strong anti-GM movement here, that supermarkets don't dare stock GM food. Since BSE, the British public have become slightly more aware of the way that food is produced.

      Tesco sells GM food, imported from America. They don't use GM ingredients in their 'own brand' food.

    15. Re:Old news by PenguiN42 · · Score: 1

      Prions can infect any neuron. If you think there are only neurons in the brain and spinal column, try touching a red hot stove burner.

      Source please? I've never seen any claim that BSE type diseases can be communicated in any way other than brain and spinal cord matter.

      The non-neural meat is still dangerous because a lot of nerual contamination can happen in the slaughterhouse.

      --
      The following sentence is true. The preceding sentence was false.
    16. Re:Old news by ChrisMaple · · Score: 1

      Your claim for the transmission of BSE is only one of several, and does not explain how it started. Another explanation is that BSE is caused by the application of an insecticide to the spines of cattle, a practice mandated by the government in Great Britain. If this is the case, the cause is not greedy farmers (indeed some opposed the practice), but officious government.

      --
      Contribute to civilization: ari.aynrand.org/donate
    17. Re:Old news by sl3xd · · Score: 1

      You forgot to mention that the good Ol US of A is threatening trade wars because we won't buy this stuff.

      Actually, it isn't because you won't buy it; that is, of course, your choice. The problem is that it is illegal under World Trade Organization law to label food as "contains GM stuff", as you put it. Espescially since there is a problem with food that is not GM that is automatically labeled as GM food anyway.

      It's sorta like the whole American steel thing -- The USA lost in the WTO for its stance -- even though it had that stance and laws on the books since before the WTO ever existed. But, since the USA is in violation of that particular law, it is being penalized for it. (note: This is one thing Bush wanted to repeal (and drop the penalty), but Congress & Senate won't let him.)

      There's also this overall soreness about how Boeing isn't subsidized by the US government (and in fact is having quite a few financial problems -- although some of them are its own fault), yet has to compete with AirBus, which is heavily subsidized by multiple governments. (Not food related, but it is a trade issue).

      So it's really a case of Europe is enforcing the WTO's trade rules on the USA in the case of steel, so the USA is threatening to enforce the WTO's rules on Europe over illegal labeling of food as being "GM" (it isn't leagal to label food as GM, even if it is GM), and over AirBus being so heavily subsidized by multiple governments, that it is bankrupting an American corporation that receives no subsidies.

      --
      -- Sometimes you have to turn the lights off in order to see.
    18. Re:Old news by Anonymous Coward · · Score: 0

      that supermarkets don't dare stock GM food

      Uh, have you read the labels, just to be sure? I haven't lived in the UK for a few years. Currently, I live in Austria, a country that has stronger anti-GM sentiments than the UK, so I thought. The labels on some products in the supermarket list "modified corn startch". "Modified" means that at some stage in that particular product's development there has been some genetic jiggery pokery.... otherwise they would just list it as "corn startch".

      Anything with corn (maize) is suspect, particularly corn syrup (sugar).

      Especially considering the owners of Asda in the UK, and the pressure between supermarkets offering lower prices to its customers and the price it must pay its farmers/suppliers, some GM food is bound to appear on the shelves.

    19. Re:Old news by mikrorechner · · Score: 1


      The problem is that it is illegal under World Trade Organization law to label food as "contains GM stuff", as you put it.

      Do you have any sources for this? Because here in Germany, we have a law that makes it mandatory to mark food that contains genetically modified ingrediences, even the tiniest amounts. There are similar laws in other EU countries.

      If there is such a WTO trade rule, why hasn't anyone sued yet?

      --
      "Oh, a lesson in not changing history from Mr I'm-my-own-Grandpa." - Dr Hubert Farnsworth
    20. Re:Old news by sl3xd · · Score: 1

      Just because there is a local law that makes it mandatory to mark food that contains GM ingredients, doesn't mean it will fly with the WTO. Don't forget, this is EXACTLY what got the US in trouble with respect to steel.

      --
      -- Sometimes you have to turn the lights off in order to see.
    21. Re:Old news by sl3xd · · Score: 1

      Ah; I forgot you wanted sources. Not that it took more than 10 seconds to google....

      http://www.dw-world.de/dw/article/0,1564,951489, 00 .html

      http://news.minnesota.publicradio.org/features/2 00 3/09/12_schmitzr_gmosoybeans/

      http://www.genewatch.org/WTO/WTO_background.htm

      http://www.fass.org/fasstrack/news_item.asp?news _i d=1028

      --
      -- Sometimes you have to turn the lights off in order to see.
  34. Obvious question by nuclear305 · · Score: 4, Interesting

    If they can engineer a seed to resist Roundup, why can't they also engineer a seed that has a lower shelf life not allowing them to be saved for another planting season?

    1. Re:Obvious question by Oktober+Sunset · · Score: 1

      They have done with some, they added a 'terminator' gene that makes seeds infertile. I don't know why they don't use it in all thier stuff, maybe it doesn't work in all plants.

    2. Re:Obvious question by skinfitz · · Score: 1

      Think of the lost lawsuit revenue.

    3. Re:Obvious question by flossie · · Score: 1
      If they can engineer a seed to resist Roundup, why can't they also engineer a seed that has a lower shelf life not allowing them to be saved for another planting season?

      That is *just* what the world needs - to be planting crops that aren't sustainable without the support of corporate America.

    4. Re:Obvious question by BarelyKnows · · Score: 1

      Better yet, if Monsanto makes seeds that produce plants that are resistant to Monsanto's herbicide, why not just raise the price of the chemicals a bit instead of go through the effort and expense of suing their own customers?

    5. Re:Obvious question by Pakaran2 · · Score: 1

      Basically because then people would use cheaper generic versions of the same herbicide (patent expired years ago). Which the seed license also says they can't do - they have to use Roundup (tm).

    6. Re:Obvious question by jaeson · · Score: 1
    7. Re:Obvious question by deblau · · Score: 1

      Or better yet, why can't they engineer a seed which is already sterile (like a mule)? That solves the replanting problem for good.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    8. Re:Obvious question by lampajoo · · Score: 0

      then they wouldn't get to sue people.

    9. Re:Obvious question by Anonymous Coward · · Score: 0

      Engineering a seed that can't be replanted is an insult to life. 1 billion people can't eat enough on this planet. What's next ? Polluting water so it cannot be drinked, so one can drinkable sell water ?

      The morons that developed the terminator seed and let it pollute the environment should be sued for crime against humanity.

      Btw, you, sir, are a moron.

  35. Yes.. by t_allardyce · · Score: 1

    This is the same corporation that brought us Agent Orange..

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Yes.. by mattyrobinson69 · · Score: 1

      its always a shame when such a cool company turns into a bunch of arseholes

    2. Re:Yes.. by BeaverCleaver · · Score: 1

      And the thousands of people (Vietnamese, Cambodian AND Americans) who have had their lives or livelihoods fucked up by that little debacle have received even less respect than these farmers. Fuck Monsanto.

  36. I AM GLAD! by Anonymous Coward · · Score: 0

    It's good that stuff like this happens. Maybe if copyright stupidity hits the rest of the world outside of "those computer geeks", they'll get at aste of what it's like and something will happen.

  37. The bigger story here by jayhawk88 · · Score: 4, Interesting

    ...is why these farmers are buying Monsanto seed at all. They buy it because Monsanto has engineered their seeds to be particularly resistant to their own herbacide, Roundup. Farmers just dump Roundup by the ton on their bean fields, and basically forget about it.

    Sweet deal for Monsanto, and it makes growing soybeans very easy and profitable of course, but where does all that Roundup go, do you think? Can you say, Water Table? There are a lot of people very worried about the over use of Roundup by a lot of farmers in the midwest.

    1. Re:The bigger story here by Anonymous Coward · · Score: 0

      I'm sure it's just coincidence, but my grandparents were cotton farmers, used Roundup for years on the family farm, and both died of cancer.

      Ken

    2. Re:The bigger story here by obviousfakename · · Score: 1

      Although I think Greenpeace is more than a little kooky, I tend to agree with their view on monsanto.
      They don't call them monsatan for nothing...

    3. Re:The bigger story here by Seumas · · Score: 1

      More interesting is, why doesn't Monsanto just genetically engineer these genetically engineered seeds so that they don't produce more seeds? Problem solved.

    4. Re:The bigger story here by Forbman · · Score: 1

      Uh.... Roundup breaks down after a few days, which is why it's popular, becuase it doesn't persist in the soil like other herbicides do.

      2,4-D is pretty persistant in the soil. It's the main component in products like Crossbow (2,4-D & glyphosate).

      The farmers in the Midwest have other problems besides Roundup. But perhaps more of them will be taking advantage of the current credit for no-till seed planting, too, which, among other things, encourages much less application of Roundup.

    5. Re:The bigger story here by ShagratTheTitleless · · Score: 1

      Hey! You're made of a Dangerous Chemical Cocktail. And You Leak. And you are chock full of that dangerous carcinogin Carbon. YOU COULD CAUSE CANCER IF I GET SOME OF YOU ON ME! WE NEED TO RETHINK THIS DANGEROUS PRACTICE OF BURYING HUMANS IN THE GROUND! I better go join earth first or something now.

      --
      Sometimes at night I imagine the darkness is filled with horrible things with too many teeth, like Julia Roberts.
  38. Sue the birds... by chevybowtie · · Score: 2, Insightful
    ...and the ants and the bees and the mice and the rats and the 'possums. They are going to need more courts

    We can enforce our opinions as law when they hire the new farmer-overlord judges. Anyone here with an opinion to enforce?

  39. perfect for monsanto.. by gl4ss · · Score: 2, Insightful

    if a farmer buys seeds from them even once.

    just once.

    and grows them alongside his own.. or whatever.. then he must buy from monsanto for all eternity after that, because monsanto can argue that there's their ip in that crop regardles...

    so cheaper, more effective crop becomes more expensive thanks to force of law.

    --
    world was created 5 seconds before this post as it is.
    1. Re:perfect for monsanto.. by Anonymous Coward · · Score: 0

      And now that the farmers are stuck paying for the same GMed seed every year, there's no need to work on the next generation of GM seed.

    2. Re:perfect for monsanto.. by alphaFlight · · Score: 1

      Not "for all eternity"... Patent grants only last for 20 years. I don't know when the patents involved were granted, but thier IP protection is limited.

      --
      -= alphaFlight =-
    3. Re:perfect for monsanto.. by gl4ss · · Score: 1

      ah.. but they can change the thing they're selling after 15 years - and stop providing the old one... and patent a new one and start selling that.

      and the farmer can't use the old crop during those five years...

      --
      world was created 5 seconds before this post as it is.
  40. Copy-Protected Food by ewhac · · Score: 1

    Despite the fact that, "contracts should be respected," and "R&D investments should be protected," this is still fairly wacked. But it's not nearly as wacked as Monsanto Terminator seeds. Do a Google search on it.

    Intellectual "property" needs a fundamental re-think.

    Schwab

  41. marley said: by BinLadenMyHero · · Score: 1

    Sheriff John Brown always hated me
    For what I don't know
    Ev'ry time I plant a seed
    He said, "Kill it before it grows"

    1. Re:marley said: by Mister+Transistor · · Score: 1

      Although I love Bob Marley and the Wailers, and I'm sure Bob loved Cannabis, I'm pretty sure the "seed" he was referring to there was a metaphor for freedom of ideas, not just weed...

      Righetous Good Jam, Tho', Mon!

      --
      -- You are in a maze of little, twisty passages, all different... --
    2. Re:marley said: by Anonymous Coward · · Score: 1, Funny

      Woah Man. Maybe Like, Man. That Cannabis Could Represent Freedom Man. Woah. Man.

    3. Re:marley said: by G-funk · · Score: 1

      Plus everybody knows you should never grow weed from seeds, use cuttings! That way you know it's good shit, and female.

      --
      Send lawyers, guns, and money!
  42. why not by usernotfound · · Score: 1

    engineer the plants incapable of producing a seed capable of growing a new plant? i buy grapes without seeds all the time? me - not a biologist

    --
    You call it excessive, I call it ambitious.
    1. Re:why not by timerider · · Score: 1

      ... because if they did that, they wouldn't be able to generate that additional revenue stream from sueing people?

    2. Re:why not by Anonymous Coward · · Score: 0

      How about because unlike growing a grape without seeds there would be no point in growing a grain without a seed, because the seed is the part you eat.

      ... because if they did that, they wouldn't be able to generate that additional revenue stream from sueing people?

      So no, this is just dumb. Next time before you click submit think for a second.

    3. Re:why not by usernotfound · · Score: 1

      incapable of producing a seed capable of growing a new plant

      Totally different than not growing a seed at all.

      --
      You call it excessive, I call it ambitious.
  43. Bob Marley by SinaSa · · Score: 1

    O.K so clearly Bob was talking about Mary seeds in this song, but I thought it was kind of appropriate anyway.

    "Sheriff John Brown always hated me, For what, I don't know: Every time I plant a seed, He said kill it before it grow - He said kill them before they grow." - Bob Marley - I Shot thr Sheriff

    --
    --
    The last digit of pi is four.
  44. pure evil by Anonymous Coward · · Score: 0

    Monsanto is the devil. They are powerful and connected. IIRC they have former CIA members on their board and there was some Bush family connection as well. I also read an article in the last few months that they were trying to push into Iraq. Farmers there re-using seeds for 1000s of years, and trying to introduce IP laws like the USA and bring in Monsanto seeds to enforce this "new way" onto the people there.

    Maybe Americans are too slow, lazy, or apathetic, weak, brainwashed, or whatever to stand up to it (I'm one too) while over in Iraq it seems like the insurgency is only gaining momentum and the USA's hold on the country is slipping through its fingers. Maybe a case of dashed dreams of empire, because neither I, nor anyone I know supports this illegal war, nor has the stomach for bloodshed to put our own lives on the line.

    But what a fucked up concept. It makes sense from an iron-fisted ruler perspective. If you have complete control over the food supply and the faramers, you have the population by the balls. I think it's too late for the USA. Obey us or starve to death. You choose.

    1. Re:pure evil by SlashdotMeNow · · Score: 1

      This is the same Monsanto that got it's dodgy hormone treatment for cows past the FDA (making cows more productive) even though Canada and other major countries quickly identified that this hormone gets into the milk and can cause cancer in humans as a result.

      The research is clear, but it's still used in the US. Got cancer?

    2. Re:pure evil by Anonymous Coward · · Score: 0

      The laundry list is huge I'm sure, it's because the corporation is intertwined with the halls of power. Easy enough to suppress widespread disemination of the truth when all the wealthy people in the same circles intermingle and run the media, government, and big companies. They all have their own interests at heart.

      Oh well, I found this little ray of sunshine that made me feel a little better:
      Why I Refused a 2nd Deployment to Iraq By: Sgt. Kevin Benderman

  45. Boundries and limits of ownership are taboo. by Anonymous Coward · · Score: 0

    When are these things addressed amongst the world's
    princes? Never. Their imagination only includes putting meters on things which were never metered before. Or criminalizing anthing which doesn't send
    more money to a corporate hog, capable of neither thought nor compassion.

  46. Brave New World by Anonymous Coward · · Score: 1, Insightful

    It used to be that you could only commit a crime against another person. That was in the very old days. Then things got more complex when you could commit a crime against a government. Now things are hopelessly complex - you can commit a crime against an entity that only exists in a legal sense - a company. Slavery has not been abolished, but it has been renamed, and everyone is a slave - it is called citizenship. When you are born it is a crime for you to not be entered as a citizen by your parents. From then on they own you, and you owe them. You will be free when you die. The only reason we don't recognize that it's a Brave New World is because we are well fed and dazzled by technology. It's 1984, twenty-one years on now.

  47. Open Source Life by Anonymous Coward · · Score: 0

    See the related article Open Source Life at Download Aborted.

  48. This sounds like a Chicke and Egg arguement by Anonymous Coward · · Score: 0

    For example, I buy the seed from the company and plant my crop. I then sell my crop. I then purchase grain from my neighbor to plant next year. But, unknown to me, he bought his grain from the same place I bought my grain. The following year, I get sued because I replanted the same grain. Which I did not... Would I be in violation of my contractual agreement? I can think of many more permutations of this same scenario which all end with the farmer getting screwed once he makes a deal to purchase commercially engineered grains for planting. Must be Farmer Ben Dover.

    1. Re:This sounds like a Chicke and Egg arguement by freedom_india · · Score: 1
      Simple answer: Your neighbour didn't have legal ownership/rights in the first place. Hence you also don't have any.

      Now shut up and get to work-:)

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  49. GM food as virus by Concerned+Onlooker · · Score: 1
    GM food is being planted and grown outdoors. Obviously, due to wind and insects that GM plant is going to cross pollinate with natural plants. So, will Monsanto eventually own rights to, say, all corn? Why can't Monsanto be sued for contaminating other crops?

    I realize that the case in question involves replanting bio-engineered seeds, but this is eventually what is going to happen. It's like second hand smoke. You're going to get it whether you like it or not.

    --
    http://www.rootstrikers.org/
    1. Re:GM food as virus by Anonymous Coward · · Score: 2, Interesting

      Linda Fisher
      Deputy Administrator
      U.S. Environmental Protection Agency

      Guess for which company she was a lobbyist before being appointed by President Bush.

      How far do you think that case would get?

    2. Re:GM food as virus by maxpublic · · Score: 1

      So, will Monsanto eventually own rights to, say, all corn?

      And this is a great example of why ip law is so miserably fucked up. Because according to the Canadian legal system, and apparently working up to that in the court system here in the U.S., the answer is an unequivocable "yes".

      I have no problem with Monsanto reaming farmers who enter into contracts with them. Make a deal with the devil, and all that. But the idea that Monsanto can sue people who have had nothing to do with them for *accidental* cross-pollination is purest bullshit. And yet Monsanto (and the Bush administration) claim this is perfectly acceptable, even if they do indeed ruin farmers who've avoided their products and eventually end up in control of entire U.S. crop types.

      Anyone with half a brain should be able to see just how utterly screwed up that is. Well, anyone apart from Slashdot's bevy of corporate whores and managerial knob-polishers, that is.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  50. Court Decision from Supreme Court of Canada by Anonymous Coward · · Score: 0
    The actual court decision is here: Monsanto Canada Inc. v. Schmeiser. From the "head note" of the judgment:

    By cultivating a plant containing the patented gene and composed of the patented cells without license, the appellants [farmer Schmeiser] deprived the respondents of the full enjoyment of the monopoly. The appellants' involvement with the disputed canola was also clearly commercial in nature.
  51. Not Necessarily by Anonymous Coward · · Score: 1, Interesting

    There was a TV show that gave the story about a farmer somewhere in the US midwest who was approached by Monsanto and asked to cough up. The farmer refused.

    So, the lawyers walked in and things started to get nasty.

    Then the farmer pointed out that the 'illegal' crops that Monsanto was so annoyed about were not actually planted by him on his property - the Monsanto investigators apparently were unable to use the appropriate maps and GPS units to sort this out.

    I think the issue was eventually settled out of court.

    The most interesting statistic would be how many false positives were settled before reaching court. Not so much interesting as a masure of how stupid corporations can be, but rather as an indication of how much stress and pain that a corporation can cause without any form of justification or oversight.

    1. Re:Not Necessarily by ev-dude · · Score: 1

      It was not settled out of court. Mansato took the farm away! Ouch! -p

    2. Re:Not Necessarily by Anonymous Coward · · Score: 0
  52. Canadian Case by Anonymous Coward · · Score: 0

    On an interesting note. They won this case but it actually may come back to haunt them as they are being sued for contaminating the organic canola market and destroying it because ownership has it's responsibilites.

  53. Reverse suing by Anonymous Coward · · Score: 0

    I remember hearing about a story about some farmer who got sued by Monsonto for growing their wheat. The story goes that one day a Monsonto employee tested one of the farmer's wheat seeds, and found it was Monsonto's genetically engineered wheat. But, what the company didn't know was that the wheat seeds from their farm, which was close to the farmers, had blown over to the farmer's field, contaminating his crops. The farmer then counter-sued Monsonto, and won BIG. That goes to show how wild and hairy GE food can get in the wild...

  54. GE food + Monsanto by blackhaze · · Score: 1

    Monsanto are responsible for most of the GE crops in the world. According to the company, the 'own' the patent/property of creating a seed with a GE strain ( e.g wheat, canola, etc ). In summary the world has forever reused seeds for next crops, now Monsanto wants farmers to pay each year for seed, so they reap even more profits. A company like this is raping the very essence of the bio-chain, with their army of lawyers at side to sue third-world countries and traditional farmers. With the WTO on side, people need to stand up to Monsanto and say NO! That means not buying GE food, supporting local farmers, and eating ORGANIC foods.

  55. Yup, they've sued over this before! by Anonymous Coward · · Score: 0

    Monsanto has had criticism in the past for litigating farmers who had *any* GM crop on their land. Still they've been uniformly successful in the courts: it's apparently the farmers' responsibility to ensure no windblown seeds take root on their land.

    1. Re:Yup, they've sued over this before! by CyanDisaster · · Score: 1

      And just how is the average farmer supposed to tell a GM plant from a natural one? Kill their crops to determine that, indeed, there are no GM'ed plants, or do they let companies like Monsanto (like they have any choice) claim their GM'ed crop is illegally being grown on the farmer's land? Either way, the farmer gets screwed over, whether it's by partially lost crops or a massive (and frivolous) lawsuit.

      Hope be with ye,
      Cyan

  56. congrats by Anonymous Coward · · Score: 0

    Someone has finally done it.

    Claiming intellectual property over what we eat.

    May he lie rich in his mansion after everyone dies from hunger....

  57. why people hate corporate America by frovingslosh · · Score: 5, Informative
    There are two absurd situations here:

    First of all, many people maintain that they never used Monsanto seeds. Their plants were very likely cross polinated by Monsanto crops growing nearby. And yet Monsanto is sueing them. Insane.

    Second of all, I buy large bags of seed to feed to wild animals all of the time. There is nothing explicit or implicit in my purchase of these seeds that agrees that I will not replant the corn. However, if I were to plant this corn and it so happened to contain Monsanto seed (which I realistically have no way of knowing) how could I be legally lible to Monsanto, who I have had no dealing with? A the very least Monsanto should require that corn produced with their seeds be properly labeled so this does not happen, but instead of requiring it by contract to the farmers that they supply, they have agressive fought the labeling of corn produced by their seed.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:why people hate corporate America by Jerf · · Score: 1

      However, if I were to plant this corn and it so happened to contain Monsanto seed (which I realistically have no way of knowing) how could I be legally lible to Monsanto, who I have had no dealing with?

      By patent law, which requires no knowledge and all users, not just the designer/seller/original purchaser, incur liability for unlicensed use. (I'm not saying this is moral or ethical, but it is the legal situation.)

      Actually, at this point, I'm not sure the "patents bad for genes" rant alone is appropriate; I think, as you alluded to, a healthy dose of ignorance of the law increasingly should be an excuse.

      (Like I said in that post, what more is there to say?)

    2. Re:why people hate corporate America by Tacky+the+Penguin · · Score: 1

      First of all, many people maintain that they never used Monsanto seeds. Their plants were very likely cross polinated by Monsanto crops growing nearby. And yet Monsanto is sueing them. Insane.

      Monsanto has patented the gene splice. They are protected by patent law, not just a contractual agreemenr.

    3. Re:why people hate corporate America by frovingslosh · · Score: 1
      Lets take this insanity a step or two further. We have seem many times that a company doesn't even have to enforce their patent right away. They can wait until the "invention" is in wide use, and then go after lots of people. There seems nothing at all (except maybe common sense on the part of a jury, and that seems to be extremely rare) to stop Monsanto to knowing let their corn gene spread by pollen to other corn. If they wait a few years and then start searching for their gene they might very well find that their gene is in every seed corn harvest (it wouldn't even have to be in every seed, it would just have to be in a small percentage of the harvest to set up a situation where they could claim that anyone who planted from that see infringed on them and owned royalties).

      Heck, who is to say that this isn't already happening? While one round-up resistant Monsanto corn gene is known to be tested for in some cases, they certainly own other gene pattents, and they could well be letting something spread so that in a few years they can claim that they own essentially all of some seed crop. If this seems far fetched and even insane, you only need to look at what has already happened to farmers who never bought Monsanto seed but have lost to Monsanto in court for planting from their own seed!

      --
      I'm an American. I love this country and the freedoms that we used to have.
    4. Re:why people hate corporate America by Anne+Thwacks · · Score: 1
      With a bit of luck, American farmers will get the messagte about who to vote for at the next election - hint: Its probably not the candidate with "Monsanto" written on his forehead!

      As for choosing a grain seed supplier, well, the choice is yours: Do you want a supplier who will sue you for doing thisgs you cannot avoid?

      Surely Monsanto's competition must be having a field day? The slogan "Buy our seed and you won't get sued" comes to mind!

      --
      Sent from my ASR33 using ASCII
    5. Re:why people hate corporate America by WhatsAProGingrass · · Score: 1

      You should be able to replant the seed, just not sell the result or eat it. Its like burning a copy of your owned music CD. Is it really ilegal to control the spread of life?

      --
      Mark
  58. Marketing Virus by Doc+Ruby · · Score: 2, Insightful

    When they prove that, maybe it's just. But Monsanto genes spread to nearby crops, despite legal requirements that they not pollute the gene pool. Of course Monsanto has no actual accountability for polluting the gene pool, and it's insidious marketing for forcing polluted farms to pay for licensing, or go to jail. It's interesting that you assume the farmers are all pirates, rather than the victims of Monsanto. Monsanto IP is viral in the biological sense. Imagine if your next-door neighbor's EULA click obligated *you* to subscribe to Microsoft's trusted computing, while you also had to install Windows antispyware, though you installed only Linux on your machines.

    --

    --
    make install -not war

  59. Not a surprice really.. by Pivot · · Score: 1

    This is the reason that the US is trying to force GM crop upon the rest of the world.

  60. Iraq anyone by Anonymous Coward · · Score: 0

    There was some press about this happening in Iraq - these so called 'donations' where all that corporations ask of the poor english-illiterate farmer is that they make their mark with a shiny pen on a piece of paper.

    There have also been stories of this going on in Africa - where big business hijacks aid funding to ship GM seed with the IP baggage instead of the stuff that starving farmers really want - then it's a choice of signing the paper so your children can eat (and entering them into this Faustian agreement) or starving while they wait for unencumbered seed to arrive.

    Apparently its an American thing.

    1. Re:Iraq anyone by bryanp · · Score: 1

      If there was press about it then you should be able to supply a link documenting it.

      --
      "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Col. Jeff Cooper
  61. Backgrounder by Anonymous Coward · · Score: 0
    A patent attorney wrote up what happened at the lower levels (with pictures!)

    http://www.patentlyobviousblog.com/2004/09/monsant o_wins_p.html

  62. Secretly being grown in Kansas by Anonymous Coward · · Score: 0

    Monsanto is growing these seeds in secret locations in Kansas.

  63. Viral Marketing by Doc+Ruby · · Score: 2, Insightful

    Monsanto IP is viral in the biological sense. Monsanto genes spread to nearby crops, despite legal requirements that they not pollute the gene pool. Of course Monsanto has no actual accountability for polluting the gene pool, and it's insidious marketing for forcing polluted farms to pay for licensing, or go to jail.

    Imagine if your next-door neighbor's EULA click obligated *you* to subscribe to Microsoft's trusted computing, while you also had to install Windows antispyware, though you installed only Linux on your machines.

    --

    --
    make install -not war

    1. Re:Viral Marketing by Dark+Coder · · Score: 1

      or worse, who's to say that an agent of Monsanto has been "inadvertly" planting seeds on innocent farmers' plot?

      The court should have applied "caveat emptor" on this ruling but only AFTER applying the "Innocent until proven guilty."

      IANAL.

    2. Re:Viral Marketing by HangingChad · · Score: 1
      Imagine if your next-door neighbor's EULA click obligated *you* to subscribe to Microsoft's trusted computing

      Or imagine that your neighbor's grass growing under your fence is some kind of engineered supergrass that takes over your yard. Then one day someone from Monsanto calls demanding a license fee and requiring you to sign their contract.

      Of course, they'd have to get some grass samples from my yard and that would almost be worth the license fee. The fence is pretty solid and the dogs would make getting clippings a death defying act.

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    3. Re:Viral Marketing by mrchaotica · · Score: 1

      I think it's more like Claria suing you for having a copy of Bonzi Buddy, actually...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:Viral Marketing by G-funk · · Score: 1

      Of course, they'd have to get some grass samples from my yard and that would almost be worth the license fee. The fence is pretty solid and the dogs would make getting clippings a death defying act.

      No, they'd simply roll up with some police backup and your dogs would be destroyed if you didn't restrain them.

      --
      Send lawyers, guns, and money!
    5. Re:Viral Marketing by HangingChad · · Score: 1
      If they had a court order that would, of course, be a different gig. But their chances of getting an ex-parte order to search my property in this county are darn near zero. And if the slightest breeze wafted my name around the courthouse my lawyer's office is right across the street. One of them would walk over and challenge first and call me later. And there's a better than even chance if they used the local sheriff one of them would call me on the way out to the house.

      Now if it was a federal court order, don't know as many people there. But I can't imagine it would be that easy to get an ex-parte order from federal court. Even then they'd still have to go through the local sheriff and the minute they set foot in this county they're on my turf.

      Just for grins I'd probably file a counter-claim for the damage their engineered quack grass did to my nice lawn. Plus whatever else Don could think of to sue them for.

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    6. Re:Viral Marketing by G-funk · · Score: 1

      Of course, by the time your neighbour has GM grass and an agreement with monsanto, "copyright holders" (provided they're multinational companies) will probably have search-and-seizure powers. It's already getting dangerously close to that as it is.

      --
      Send lawyers, guns, and money!
  64. Uhmm.... by notyou2 · · Score: 1
    Somehow the powers-that-be got the idea that replanting seeds grown from your own soil is a crime. A company called Monsanto sells those specially engineered seeds, and according to their license agreements, they make it illegal to replant the seeds harvested from a previous crop. To enforce this, they have brought many hard-working farmers to court and even thrown some in jail.
    Uhmm... you must be new here?

    1, 2, 3, 4, 5 to name a few. But I certainly salute your idealisic surprise at the evil that is our current patent system.
  65. go research some more... by Anonymous Coward · · Score: 0

    It was clear the farmer was not just a victim, that he was replanting seeds. The evidence was pretty clear.

    This is another case that like the woman and the hot coffee at McDonalds. People hear 5% of the story, jump to conclusions and never listen to the whole story.

    1. Re:go research some more... by CarrionBird · · Score: 1

      Except he was replanting HIS seeds which came from HIS plants on HIS land that were contanimated ny a neighbor.

      --
      Free Mac Mini Yeah, it's
  66. Secretly being grown in Kansas by Anonymous Coward · · Score: 0

    These seeds are being grown in remote test fields in Kansas. Locations are being keep SECRET.

    Also, for anyone who cares; Kansas VA hospitals are where all the F***d up soldiers are being flown to.

    Less people who care I guess?

  67. This doesn't have much to do with GM seeds by Stevyn · · Score: 1

    So farmers are buying seeds through a contract and then breaching the contract. The fact that these are "IP protected GM seeds" is irrelevant. The farmers should buy their seeds elsewhere and stick to the contracts they sign.

    Now, as for GM seeds, this is how corporations can try to take over the world using IP laws. Farmers shouldn't support their practices by buying their seeds. Humans have been farming for thousands of years and now suddenly we're putting restrictions on planting the seeds? It's not right and not sustainable.

    1. Re:This doesn't have much to do with GM seeds by ClubofEvil · · Score: 1

      This is a gross oversimplification of the issue. As the son of a small time farmer, I have seen the market squeeze out several of the local farmers. Unlike any other business, in farming you are NEVER gauranteed a return on your labor. Weather conditions dictate your yield to a large degree, but over head costs (fuel, equipment, insurance, taxes) have steadily risen). Those with enough land and capital can usually turn a profit, but those ( like my father) with only a few hundred acres of land have to maximize both their time and their yield. Ten years ago, farming a single field reqired hundreds of hours of labor. The field would have to be disced after harvest, probably disced a second time, cultivated, planted, probably run with a spring tooth, and harvested. If any of the above are neglected, it lowers your yield. In addition, the repeated ground working creates a hard layer of earth about a foot below the surface that causes moisture to run off and keeps plant roots from reach moisture lower in the ground. The labor-intensive nature also requires hired help, which brings its own risks, considering the amount of dangerous equipment and the quality of help you can afford and expect in a farm related job. Using roundup ready crops, you can use a no-till drill and plant directly over last years harvested crop. As the crops grow, you merely spray with roundup perhaps twice in the growing season- a task that takes MUCH less time, as you can spray a larger area than you can work- and harvest with better yields and half the overhead cost. Herbacide options outside roundup are not complete- they can target only broadleaf plants or grasses. Since you cannot spray for the type of crop you are growing, you are left vunerable to it. In the end, the small time farmer either has to buy roundup, or stop farming. The market has shut down any other viable option. Monsanto has probably extended the life span of the small farm market by 50 years. However, unless grain prices rise significantly, Coporate farming is our future. Monsanto is merely setting a precedence, so that when it is dealing only with coporate farms, they will play by the rules.

    2. Re:This doesn't have much to do with GM seeds by Anonymous Coward · · Score: 0

      Unlike any other business, in farming you are NEVER gauranteed a return on your labor.

      Your education seems to have minor gaps in spelling and major ones in economics.

  68. It's happened in Australia by Anonymous Coward · · Score: 0

    This exact thing has happened in Australia - trials in Tasmania were negotiated where the eventual protective measure was a requirement that a 5 metre bare strip of earth was required between any trial plots and adjoining fields.

    However, here in Oz we have this thing called 'wind' and these things called 'bees' that can surprisingly go much further than 5 metres.

    The story died in the press, but apparently the cleanup is a real nightmare.

    No doubt that now the Free Trade Agreement is in place we'll see the stipulation that all Aussies have to have the words 'Property of the United States of America' tattooed on our arses so that they can work out who they can fsck up the you know where.

  69. Well hello?! by Anonymous Coward · · Score: 0

    Why has this taken so long to become a Slashdot issue? This has been going on for years!
    Perhaps if you'd all like to follow this link and browse around etc, for 10 mins, then perhaps Slashdot will do the world some good.

  70. Wha...?-The Old "/." by Anonymous Coward · · Score: 4, Insightful

    "People, particularly americans, often confuse what is legal/illegal and what is right/wrong. Please don't."

    I got a better question for Slashdot. Why should anyone clear up misconceptions, and provide more information? When we all know that it will go in one ear and out the other. So when the next story comes up, we get to listen to the same mistakes, over and over. Apparently there's a lot of talking (as witnessed by the post numbers). but there's absolutely no listening. I don't know about the rest of you. But I always thought that part of the definition of a geek, was someone willing to learn. Not having to be repeatedly told the same things over and over. Always willing to do research. Now it's talk loud, be a rebel, and speak from a position of ignorance.*

    *Maybe the old "/." is dead, for all the people that made it was it was, have been driven off, in the pursuit of "karma".

    1. Re:Wha...?-The Old "/." by ErikZ · · Score: 2, Insightful


      Nah. They learned. What you're seeing over and over again is new people hitting the same questions and reacting the same way.

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    2. Re:Wha...?-The Old "/." by Anonymous Coward · · Score: 0

      ###*Maybe the old "/." is dead, for all the people that made it was it was, have been driven off, in the pursuit of "karma".

      meta arguing, or arguing about arguing, is really easy, impossible to argue with, and it makes you look clever. well done, you're an information stifler.

    3. Re:Wha...?-The Old "/." by PenguiN42 · · Score: 1

      So what's your opinion on arguing about meta-arguing, then? /burn-karma

      --
      The following sentence is true. The preceding sentence was false.
  71. What about wind-blown pollen? by Anonymous Coward · · Score: 0
    Didn't some study in Mexico find that GMO DNA tended to 'escape' into the wild pretty uncontrollably?

    We need to be very careful with this kind of technology. Things that are successful, in an evolutionary sense may not result in higher food yields. Imagine if some genetic engineering mistake say, over time, had the effect of making all of the world's corn, or wheat, or potatoes, inedible... Or turning the world's people into idiots? Also, I wonder what is the wisdom of allowing patents on living things? It seems really wrong....

  72. Re: The story is... by gorbachev · · Score: 1

    "What's the story here?"

    The emergence of What You Buy, um, License, Is Not Really Yours World (tm) (c)

    License this, license that, none of it is yours. In conflicts an arbitror chosen by the license holder decides who is right. Ad Nauseum.

    Not good.

    --
    In Soviet Russia, I ruled you
  73. The solution to this is,... by AbRASiON · · Score: 1

    Is open source seeds,..

    Mon$anto,..
    Micro$oft,.. I think we all know who the real culprit is in this one, don't you?

  74. Not just business by Anonymous Coward · · Score: 0

    Then you fall into trap number 2.

    Farmers have to buy additional seed. If the only seed available is Monsanto, because the local stockist won't carry anything else, what happens next.

    You need to remember that Monsanto is an extremely big business - while their actions may be perfectly legal and open to scrutiny, you need to consider the whole supply chain.

  75. Most evil company in the world? by Soldrinero · · Score: 1

    The Canadian court case certainly seems to make it hopeless for farmers that get on Monsanto's bad side.

    I definitely vote Monsanto as the single most evil, vile company to disfigure the face of the Earth. The strange thing is that no one notices. Even here, we complain about Micro$oft and SCO, decry the *AA, and put on our tinfoil hats at every announcement from BushCo., but this evil giant somehow slips beneath the radar. How do they do it?

    --
    I would rather be killed by a terrorist than enslaved by my government.
    1. Re:Most evil company in the world? by dabigpaybackski · · Score: 1
      How do they do it?

      Bribes.

      --
      "OH SHIT, THERE'S A HORSE IN THE HOSPITAL!"
  76. similiar incident by Anonymous Coward · · Score: 0

    I patented the idea of mixing chemicals in my "man seed" to make it more potent and protected from birth defects. I planted my special seed into this hot girl and she breached the contract by having sex with another guy and getting pregant. I'm filing for custody of the child because my special protected seed was in there.

    1. Re:similiar incident by Anonymous Coward · · Score: 0

      Darn it, i forgot to mention the girl was underage and unable to enter into contracts...and i was arrested for having sex with a minor :(

  77. Now we just need a new DMCA by Anonymous Coward · · Score: 0

    The Determined Mosanto Cornholio Act.

  78. Just the beginning by HPNpilot · · Score: 1

    The huge land grap that is called IP has just begun, and its effects ain't pretty.

    The more this kind of corporate behavior gets publicized, the better. Sorry for the farmers but I think Monsanto suing lots of them into bankruptcy might begin to make more people wake up to the problems our current IP laws can cause. Nobody seems to care about IP laws when it affects computers and programming so maybe when the food supply starts getting affected it will add pressure for a re-think of these issues.

  79. Seed Cleaning by euphline · · Score: 1

    For a farmer to replant seed, they generally "clean" it. Practically speaking this means taking the crop to a "seed plant" where they run it through a series of filters to filter out the weeds and other impurities. It's then bagged and stored for replanting the following year.

    It's now virtually impossible to get soybeans cleaned in most parts of the country. Monsanto has taken to suing seed plants / seed cleaning operations who clean patented seed. Because there's no easy (read- can be done by the fellow running the seed plant) way to tell patented seed from the regular stuff, the seed cleaner could be liable.

    Many people are asking, "Why'd the farmer plant it?" One big reason is that he can't get the regular stuff cleaned. Replanting is quickly becoming "not an option". Alas. No more open source veggies.

    -jbn

  80. Missing the point by tepples · · Score: 2, Insightful

    DON'T BUY SEEDS FROM Monsanto.

    So how do I prevent my neighbours from buying patented Monsanto seeds and planting them such that they cross-pollinate with mine?

    1. Re:Missing the point by kcbrown · · Score: 1
      So how do I prevent my neighbours from buying patented Monsanto seeds and planting them such that they cross-pollinate with mine?

      Sue your neighbor for planting unauthorized seed on your property.

      If Monsanto can sue you for shit that isn't your fault, then you can sue your neighbor for shit that isn't their fault, and cite the court case you (or one of your neighbors) just lost as precedent. Right?

      If enough of that happened, then perhaps people would stop buying Monsanto seed due to the risk of being sued by their neighbors.

      Of course, Monsanto's next move might be some sort of indemnification clause in the contract, in which Monsanto covers any legal costs incurred as a result of using their seed...

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    2. Re:Missing the point by kcelery · · Score: 1

      Simply sue your neighbour for pollen trespassing. This is my land, you're not gonna come to my land without my authorization. Now sue for every pollen found on your land which is GE contaminated.

    3. Re:Missing the point by ckaminski · · Score: 1

      Which would never happen, because:
      A) They could never sue any of their customers because
      B) you cannot disprove cross-pollination unless you get the right set of circumstances.

      Monsanto would be better off NOT suing these bystanders in the first place.

    4. Re:Missing the point by Anonymous Coward · · Score: 0

      Most small farmers I know are in debt well past their heads, and in many years just breaking even.

      Chances are you neighbour will just declare bankruptcy. You'd be luck to pay for you lawer, let alone pay off what Monsanto sues you for.

    5. Re:Missing the point by Znork · · Score: 1

      Easy. Go find some RoundUp resistant weeds and spread them around.

    6. Re:Missing the point by Anonymous Coward · · Score: 0

      I don't know.

      Sue your neighbours if Monsanto's plants end up in your fields?

    7. Re:Missing the point by Anonymous Coward · · Score: 0

      "Chances are you neighbour will just declare bankruptcy. You'd be luck to pay for you lawer, let alone pay off what Monsanto sues you for."

      So what? You end up with a bigger farm and turn your neighbour into a share cropper? (sp?)

  81. Old news. by Skudd · · Score: 1

    Living in the heartland of America, the farming country, you hear about this kind of thing all the time.

    I think this has been around much longer than the RIAA/MPAA lawsuits. I think people just need to familiarize themselves with the different cultures around the world, rather than treating this kind of thing as some big new deal.

  82. Proof the US news media is a fraud by slashdot_commentator · · Score: 1, Insightful

    You can make noises that the media is controlled by the right or the left. But this is proof the media is controlled by the rich.

    This is obviously the story of the century. The implications to access to food is staggering. As well as the future of non-megacorp farming. And yet, barely a peep comes out of the TV or the magazines or the newspapers.

    Is it a story out in the farming communities? That's one thing I don't know, given that I live in the city and don't come from farming stock...

    Its much like the Telecommunications Deregulation Act of '94. Or the DMCA. Monsanto is proceeding to use the courts to establish a corporate monopoly on producing foodstuffs. They are counting on scientific illiteracy to keep the public from becoming aware of the ramifications.

    The US media doesn't dare call the spade a spade. They'll get buried in lawsuits. Just like 60 Minutes & the tobacco companies. And they aren't motivated to report anyway. The public are told that terrorists are a bigger threat to your well being than automobile transport, and apparently they believe it. Its more important to report about Brad and Jenn, or Ben and J-Lo, or one premeditated murder in CA by a white guy.

    Ah, I'm going to laugh at you under 40 bitches when you have to give up your life to go serve Uncle Sam and Mobil. So many of you just don't have a clue.

    Watch out for mysterious wasting disease and financial chaos wiping out life savings. Those are next on the horizon of unreported news.

    --
    There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    1. Re:Proof the US news media is a fraud by Stonehand · · Score: 1

      This was an Associated Press article, which is hardly an obscure bastion of IndyMedia. It's carried in such obscure media as, gosh, the "New York Times" -- perhaps you've heard of them?

      http://www.nytimes.com/aponline/science/AP-Biotech -Pirates.html?oref=login

      Perhaps you've blinded yourself to the continued existence of quality newspapers and listen solely to AlterNet and friends.

      --
      Only the dead have seen the end of war.
    2. Re:Proof the US news media is a fraud by Anonymous Coward · · Score: 0

      Yes you are right. I'm one of those under 40 bitches but you can be sure that I won't fight for GWB, and you won't find me over in Iraq. I'd rather be in prison, starve to death, whatever. There are a bunch of military people that are sick of it too. Attempted suicides, AWOL, death by cop (killing cops so that the cops kill you).

      Anyways, I read all this depressing news, the food, air, water, etc is poisoned. The dollar will collapse in the not-so distant future, peak oil, the USA's economy on the brink of disaster.

      I really don't know what to do. I already lost my cushie job in the dot-bomb. I don't think I'll ever make enough to have savings to lose. It's too bad I don't have anything of value to trade if the currency collapsed tomorrow. Maybe my next purchase should be a gun.

      Even though I'm in America, this country definitely is in need of a serious bitch-slapping. I guess as a little worker ant I think I'm fucked. I can make a blog that nobody reads and rarely gets comments. I can write congress which does no good. I can vote which does even less good, especially when the whole thing is rigged. Despite the probably fraud, the opposition candidate is their guy too, so it's not like its possible for them to lose.

      It's time to take up arms and create falluja for people in charge here at home. But for who knows how long, the past 100 years or so they've been perfecting techniques to control people. They're turning the heat up slowly, slippery slope, yadda yadda. I don't think the frog is going to jump out of the pan.

      Hopefully you have some close friends. Maybe some good neighbors. It's probably a good time to move far away from the cities. I can't predict the future, but I think we are living in interesting times.

    3. Re:Proof the US news media is a fraud by Anonymous Coward · · Score: 0

      Purely for the sake of academic interest of course. CourtTV describes this man as evolving from a "brilliant academic" to "one of society's most obnoxious" and "America's most wanted terrorist." Certainly at least, he is not alone in his disallusionment of modern society.

      http://www.primitivism.com/kaczynski.htm

    4. Re:Proof the US news media is a fraud by slashdot_commentator · · Score: 1

      No, the guy I'm talking about is named Scott Peterson(?). Kaczynski shows enough traits of paranoid schitzophrenia that I pretty much accept his being stamped with the label "wackjob".

      You can have a "modern" society without gross corruption and centralization of the 4th estate. And people who believe such are not terrorists.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    5. Re:Proof the US news media is a fraud by slashdot_commentator · · Score: 1
      I'm one of those under 40 bitches but you can be sure that I won't fight for GWB, and you won't find me over in Iraq. I'd rather be in prison, starve to death, whatever.

      I don't think that's necessary. Can't you emigrate? Build a financial stake, and then move to Costa Rica. Or Canada, if you like the cold.

      death by cop (killing cops so that the cops kill you).

      I never really understood that. Its such a horrible thing to do to a civil servant and his children. Couldn't you just break into an NRA member's house instead? Date a psycho-chick gun owner, and then figure a way to really piss her off? Hell, the federal gov't or a SWAT team will execute you if you shoot a high level official. Shooting a politician or neo-con traitor is so much more preferable than a cop.

      I really don't know what to do.

      I don't either. I can't really gloat about the younguns getting drafted, since I figure the country will go into economic shambles for a draft to reach the general population.

      I already lost my cushie job in the dot-bomb.

      Learn a new skill. Become a plumber, or sanitation worker. I don't see a shortage in language interpreters, particularly arabic. If you're not ethnic, that will give a leg up in the CIA, FBI, State dept., or large city police force.

      It's too bad I don't have anything of value to trade if the currency collapsed tomorrow.

      Maybe the currency won't collapse tomorrow. Maybe the US will stay as the world's preferred reserve currency. Maybe even if it doesn't, the dollar won't collapse to the point it triggers hyperinflation and depression.

      Maybe my next purchase should be a gun.

      Not a bad idea, especially if you live alone and have no kids or unstable wife. If you get a handgun, get a revolver. Automatics can jam, and you can fire "junk" ammo in a revolver. If you're more ambitious, get a .50 cal rifle. You can always bury it when they outlaw it.

      Even though I'm in America, this country definitely is in need of a serious bitch-slapping.

      I don't think there's a pimp in existence that can give the US the bitch-slap it needs to change its losing ways. Economic collapse could do it though.

      I can make a blog that nobody reads and rarely gets comments. I can write congress which does no good. I can vote which does even less good, especially when the whole thing is rigged. Despite the probably fraud, the opposition candidate is their guy too, so it's not like its possible for them to lose.

      A little too defeatist. Blogs may evolve to be the local papers that used to exist back in the '20's. People will look elsewhere for information when they realize the commercial media cannot be trusted to report factually and thoroughly. Democracy is not the fragile flower people believe it to be. When you don't have consent of the governed, you tend to have less stable forms of gov't. You can't get as much done when you're worried about assassination, production sabotaged, cout d'etat, etc. There appears to be a power grab taking place, but they may have to back off when hurt hard enough.

      The US has been a bad, fascist environment before. You need to learn from history to create good coping strategies. The problem as I see it, is that things didn't really change much when Sacco & Venzetti were executed, when the WW I veterans were shot for protesting, etc. Perhaps the solution is to become a "made" man in a local crime syndicate. That has recession-proof job security. You just need to lose the squeamishness about killing people.

      Hopefully you have some close friends.

      Friends are overrated. They can turn you in, and possibly without coersion.

      I can't predict the future, but I think we are living in interesting times.

      True dat.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    6. Re:Proof the US news media is a fraud by slashdot_commentator · · Score: 1
      This was an Associated Press article

      And what did they report? Monsanto sues farmers for illegally using their seeds, and you can't get away with doing it. That is hardly thorough, insightful reportage.

      Why didn't the article mention Percy Schmeiser? Who is he? You don't know, you depend on commercial media to tell you what they think you need to know.

      Did the article point out that pollen from neighboring fields can make a law abiding farmer a criminal? Did the article bring up one organization or politician who is looking to curb Monsanto's practices?

      It's carried in such obscure media as, gosh, the "New York Times" -- perhaps you've heard of them?

      Why yes, didn't they just get rid of some black guy for fabricating major news stories? I wonder why they haven't gotten rid of the reporter with the story about WMD in Iraq before the invasion?

      Perhaps you've blinded yourself to the continued existence of quality newspapers and listen solely to AlterNet and friends.

      I read what's on Google, because the AP is not as fascistly structured as the "major" papers, and Google will carry many "local" and foreign sources for news stories. Then I use the blogs & conspiracy sites for stories that isn't covered by commercial media. I'm not big on Alternet. Its heavily slanted left, which means they are as accurate and reliable as Fox News.

      I read the news that comes from commercial media. It doesn't mean I believe what they report, anymore than I'd believe tobacco companies telling me that cigarettes are not really harmful to my health. Commercial media is the mouthpiece of the rich, and centralized so that it is the tool that is used to manage voter perception, much like 1984. Savish belief in the sanctity of the press & gov't is at your own peril.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
  83. All You Seeds Are Belong To Us! by TimeTraveler1884 · · Score: 1

    They set us up the balm!

  84. Big issue in ROW by Spudley · · Score: 4, Interesting

    This is one of several big issues that is giving GM crops such a bad name in the rest of the world.

    Europeans are well aware of the issue; the anti-GM protesters have used it very effectively to win support. There are stories in the news of non-GM farmers being sued because of cross-polination that they weren't aware of and had no control over, and it has upset a lot of people.

    There are African countries that have refused food aid from the US because it would include GM crops. That grain would be useless to a rural African, because the first thing they would want to do would be to keep a portion of it to plant for next year, even if it was intended as food aid (that's how subsistence farming works).

    Personally, I avoid engineered food for other reasons, but the legal issues are certainly helping to put a lot of other people off them as well.

    --
    (Spudley Strikes Again!)
    1. Re:Big issue in ROW by bombadillo · · Score: 1

      You are are right. The media in the USA never says anything abou GM foods and copyrights. All we hear is that some third world nation doesn't want GM crops. So the perception is that the third world countries are just being superstitious. In reality they don't want to end up like a crack addict. Paying a tax to be able to eat. It's kind of like predatory lending.

      Giving starving people seed to grow crops but leaving them in a state of debt. Either debt or death....by the way happy new year and peace on Earth.

  85. Activator agent? by Anonymous Coward · · Score: 0

    Well, if they really want to limit re-seeding, develop an activator agent (is this even posible)?
    If you have the seed and no agent, no crop. This would also prevent regrowth through reseeding.

    Then again, do we really want DRM enabled food?

  86. p2p piracy by eieken · · Score: 1

    Plant 2 Plant Piracy?

    --
    Meet new people, and kill them.
  87. What about the engineers? by Anonymous Coward · · Score: 0

    These farmers should be sued for stealing the Bio-Engineered seeds. It was the companies money and years of engineering alowing the farmers to have a better seed. They (Monsanto) should reap the benifits of their work as well. The farmers are obviously getting a better yeild from these seeds, so why should they be able to cut-out the engineers, who worked many years to give the farmer a better seed, from profiting off their invention?

  88. Monsanto has a point. by tdhillman · · Score: 3, Insightful

    This is actually a fairly complex deal.

    Farmers do not collect their own seed generally- they harvest their corn, and repurchase seed every spring. That's the way it is done. There is no sense in harvesting corn for seed and it is rarely practiced. If you've got good corn you sell it at price It's cheaper and easier to go to the Coop and get more seed each spring.

    The genetically engineered corn is actually the life blood of many farmers- yes even the small ones. They plant tracts of corn that are then observed for the quality of the corn. I lived in an area of TN that Monsanto and others used for testing- you've never sen more curious rows of corn.

    Monsanto is engineering a seed that produces better product. The result is simple- a farmer sees that he can harvest the engineered corn and create his own seed for less than Monsanto charges for the engneered product. That would be the only reason to replat Monsanto seed- the last thing any farmer wants to do is more work than they have to, but if they can get Monsanto's branded seed for less, they will do so.

    In addition, they can at that point actually sell seed that was engineered by Monsanto for their own profit. Monsanto actually engineers the seed to help the farmers bottom line- to make them more productive.

    However, I do agree that suing the little guy in this is pointless. the big agriculture corporate farms would be the major players if "seed copying" ever became a huge problem.

    Still, you've got to realize that the reseeding farmer is trying to save money by copying superior product. Call it the genetic equivalent of P2P or whatever you like, but trying to use superior seed to grow it to avoid paying- that's not quite kosher.

    The farmers would be motivated though because in this day and age, family farming is nearly an impossible adventure- the cost are astronomical and the payoff risky as hell.

    --
    befuddled (noun) 1. Unable to create a pithy sig
    1. Re:Monsanto has a point. by Barlo_Mung_42 · · Score: 4, Informative

      Perhaps that is how it is done in the US. In the developing world collecting and replanting seed is very common. Monsanto is often not making the terms of these deals clear to the farmers in these areas and then literally bullying them into paying more money each year.
      Monsanto is just wrong.

    2. Re:Monsanto has a point. by flossie · · Score: 1
      Farmers do not collect their own seed generally- they harvest their corn, and repurchase seed every spring.

      In the US, perhaps. This is not the case in most of the rest of the world. Monsanto is engineering a seed that produces better product.

      Monsanto is producing genetic pollution.

    3. Re:Monsanto has a point. by Yotsuya · · Score: 1

      Except of course, planting seeds that you own shouldn't be a crime, and of course, if the seed produces a new plant, well, gee, that's just what its genetic code makes it do, and if Monsato isn't happy with that, they should correct that 'defect' in their product.
      The bottom line is... a fertile genetic code is *meant* to reproduce itself, that's its whole purpose...
      Imagine if Microsoft had put in a bug in one of its products that made it copy itself sometimes (say, once a year in spring)... Could they sue the customers for having copies of the software?

      --
      Claude Angers
    4. Re:Monsanto has a point. by maxpublic · · Score: 2, Interesting

      In the US, perhaps.

      Contrary to the poster's assertion whether or not seed is collected and reused depends on the crop and the preference of the farmer. He makes sweeping generalizations based upon his observations of a single crop (corn) in a single locale.

      When I was a kid working on farms in Oregon, for example, it was common to collect seed and replant for most crops. Doing otherwise was thought of as wasteful, sloppy, and lazy. It's more common to buy seed now, but then it's generally more profitable to buy seed for many crops than it is (in man-hours) to collect it yourself. And, of course, if you want GM seed you HAVE to buy it, each and every year.

      Even so, there are still plenty of farmers who collect and replant, as has been done since the dawn of the agricultural revolution. The original poster is incorrect in stating otherwise.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    5. Re:Monsanto has a point. by noidentity · · Score: 1

      Still, you've got to realize that the reseeding farmer is trying to save money by copying superior product. Call it the genetic equivalent of P2P or whatever you like, but trying to use superior seed to grow it to avoid paying- that's not quite kosher.

      (warning: ramble follows)

      I really would like to avoid misunderstanding the issue in a way that leaves me angry. I think this helps. Basically, Monsanto produces special seed and has the buyer agree not to collect the new seed from the plant. It seems wasteful to not use the new seed, since it's right there. Perhaps it is actually more "eco friendly" to use seed from Monsanto, who might have designed a production process that uses fewer resources per seed than a farmer would use collecting new seed. The market might be such that it costs fewer dollars for the farmer to collect the new seed rather than buy it from Monsanto (if he doesn't get caught), but I tend to focus on resource usage rather than dollar transactions.

    6. Re:Monsanto has a point. by fermion · · Score: 2, Insightful
      It is not a complex deal. It is a simple one. It has been known since the introuction of these seeds that cross polination would occur. It was known that Monsato would file suits against those that were infected by the Monsanto product. The hope was that a structure could be set up to sue Monsanto for the infection. This did not happen. So what will happen is that every farmer, even those farmers that chose not to run a farm on manmade chemicals, will have to use Monsanto crops. Now this may be ok in more facists countries, but the U.S., and particularly Canada, still values some level of consumer choice.

      So here is the deal. Monsanto could have chosen to sell the seeds under normal terms, and made thier money through the sale of roundup. It would be less profit, but it would probably build more loyalty Instead they choose to maximize profits at all levels, and ignore the risk to farmers that choose not to use their products. this is a classic example of Corporate Domination.

      As far as your point about the farmer, the farmer is trying to do they same thing as Monsanto. Maximize profit. If we assume that Monsanto needs to sell the seed to make a reasonable profit, can we assume that the struggling farmer is forced to harvest seeds to do the same. Is Monsanto better of having a farmer that can afford to purchase the Round Up, rather than moving to alternative growing methods that often fetch higher prices for crops? I certainly pay more when I know that the farmer is trying to work with the land instead of against it. (And before someone points out the scarcity issue, the US produces about twice as much food for US consumption than the US needs. This is a much higher buffer than we need)

      But, at the end of day, we return to the fact that the Monsanto seeds is a virus that will tend to take over and create a monoculture, not because they are superior, buy becase they are new and immune to the current threats. Future threats will develop, and perhaps we will not be so lucky to have a protected space, like the NASA orange groves, to save us from out short sightedness.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    7. Re:Monsanto has a point. by Anonymous Coward · · Score: 0

      Since you love Monsanto so much perhaps you would be interested in consuming more of their wonderful products like Agent Orange and Bovine Growth Hormone. The less idiots like you out there supporting these fucks, the better.

    8. Re:Monsanto has a point. by Vitamin+P · · Score: 1

      Please excuse this somewhat off topic idea. I plant Monsanto's corn in my field. You plant Monsanto's corn in your field. Are the starch/sugar content exactly the same? I would tend to say NO but I am not a Bio Engineer. Therefore these crops have other mitigating circumstances that in no logical way can be called "copying a set of genes". The corn you plant today is SIMILIAR to what you planted last year but the starch/sugar content along with the shape of the kernel can be Vastly different from the "finished" content. To me; a layman it's similiar to the difference between Linux, OSX , and Windows they all are Operating sytems but they get to the final results very differently.

    9. Re:Monsanto has a point. by logiqal · · Score: 1

      Your statement that farmers don't usually replant their own seeds isn't entirely correct. When seed prices fall farmers usually do one of two things to avoid selling corn at too much of a loss. If they also raise livestock, they will feed as much corn to the livestock as they can. If they do not have livestock, then they replant some of the seed.

      Monsanto's rule about not being able to replant the seed sometimes forces farmers to sell corn at a loss. And, I don't feel that is right.

    10. Re:Monsanto has a point. by sssk · · Score: 1

      I feel, you are missing a point here.

      The GM crop, no doubt gets the farms a great crop and lots of money. But what's the effect of the crop on the soil ? In the long term, will it remain fertile ?

    11. Re:Monsanto has a point. by Alsee · · Score: 1

      "seed copying"

      Non-lawyers usually call that "life".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  89. Seeds Rights by Dark+Coder · · Score: 1

    Seed: Your honor, I've been created by a corporate entity. Surely I have rights to grow on my own accord?
    Honorable Judge: No you don't. Now die.

    (Judge, Jury and Executioner?)

  90. *shrug* Seems okay to me by brit74 · · Score: 2, Interesting


    (1) Pause for a moment before going into "complain about big corporation" mode.
    (2) Monsanto and the farmer had signed an agreement.

    I think the bigger issue here, however, is the question of whether Monsanto should be doing this. Looking at this situaion from Monsanto's point of view, imagine spending hundreds of millions creating genetically modified plants. You sell them to one farmer. He turns around the every year and replants them. This means you make only one sale to each farmer. Now, it seems to me that Monsanto should probably have a two-tier system: buy the seeds for one season (cheap, but you have to buy them each year), or buy seed which you can replant, but you are limited to a specific number of acres each year. There are additional issues of "what happens to the licence when/if the farm is bought by someone else" (which is why a licence should be limited to a certain number of acres per year). And, Monsanto would probably like to prevent resale of the seeds (otherwise the farmers would become competitors with Monsanto, but with no development costs). It makes sense that Monsanto would opt for the "one year only, no replanting" clause because many farmers wouldn't be able to afford an ongoing licence. While you could argue that the one-year-only agreement is meant to suck as much money out of the farmer as possible, there are two things to note: (1) The farmer doesn't need to buy Monsanto, and (2) the fee is $6.50 per acre per year for soy. For a 500-acre farm (which seems like a reasonable family-sized farm) this works out to a little over $3000 per year. This doesn't seem excessive.

    http://www.empiresofsteel.com/

  91. Monsanto is evil. by section321a · · Score: 1

    Purely and simply evil. - agent orange - rBGH (bovine growth hormone)

  92. This is one of the issues that switched me to Linu by HiThere · · Score: 1

    This is one of the issues that switched me to Linux. It caused me to pay more attention to the MS EULA than I would have otherwise done. Reading that, and trying to understand it, convinced me that I wanted OUT!

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  93. The corporation by delirium+of+disorder · · Score: 2, Informative

    This was an issue addressed in the documentary film "The Corporation";
    http://the1.no-ip.com

    (If you like it, buy a copy)

    --
    ------ Take away the right to say fuck and you take away the right to say fuck the government.
  94. This is VERY IMPORTANT by cdn-programmer · · Score: 3, Insightful

    There are many issues here. Perhaps the most important is bio-diversity. Furthermore there is not a whole lot we can do about this other than become aware of what is going on and do our best to raise the issues in the public eye.

    I have challenged the supermarkets where I live to label foods that are genetically engineered. They cannot of course do anything but the more noise I make the more aware other people become. So this is the little revolt that I am making.

    Now the issue is that Rape (now called canola) has been genetically engineered so it is resistant to roundup. Percy Schmeiser had his feild contaminated with Monsanto genetically altered seeds and rather than the supreme court of Canada finding that Monsanto is to blame for not keeping their experiments in the lab the court instead found Schmeiser to be liable for not being able to keep Monsanto experiments out of his feilds.

    The logic of this totally excapes me.

    The economics of the agricultural community are such that even a minor percentage inprovment in productivity will be picked up by a select few. The consequence of this is that in the long term no-one wins. The reason farm income is low is because from an economic standpoint there is almost perfect competition so everyone competes to the lowest income people can survive on. This is how commodity markets work.

    From the standpoint of sustainable agriculture however - this is a very dangerous development.

    First off we end up with only selected strains being planted across vast acerages. Next we end up with Monsanto (95% of the genetically altered seeds come from Monsanto) controlling the distribution of these seeds and to top it off we now have an uninformed court ruling that 100,000 years of workable agriculture where any farmer is free to develope any strain of seed is to be replaced with a regime where Monsanto Labs rule the roost.

    Not only this - those genetically altered seeds will form some of the most viralent weeds one can imagine.

    But - what if we end up with 100% of the farm land planted with a single strain and some biological vector brings in an infection. This will result in close to a 100% crop failure. Anyone who knows of the consequences of the Irish Potatoe Blight should realise what this will mean.

    Genetic alteration is not necessarily bad. What is bad is mono culture. When we get a ruling that the individual farmers are somehow responsible for preventing contamination of their seed then we move into a world where a single corporate interest can control the seeds all farmers use.

    This leads directly to mono-culture and all farmers are forced into abandoning their individual strains. The result of this mono-culture will be a massive crop failure at some point in the future.

    So the judges may have been well schooled in law but they are ignorant of the biology which provides the food they eat.

    As I said before - as a lone voice the only thing I can do is bitch and complain which I do. What we really need to do is get a very strong movement going. Even a million voices are not enough. The disaster mono-culture can precipate can be much larger than the Tsunami that just hit SE asia.

    1. Re:This is VERY IMPORTANT by Stonehand · · Score: 0

      In Mr. Schmeiser's case, the court found that --

      (a) He planted seed from a crop which he either knew or ought to have known as Roundup-Ready, and

      (b) This was NOT a case of seed blowing into a field, with the resulting plants tolerated but not further encouraged.

      The 1997 crop was contaminated, and apparently the Court held that he noticed or should have noticed; however, he saved the seeds for planting his 1998 crop and willfully planted them rather than quickly removing such plants and not using the seed. Nor was the 1998 concentration consistent with what would have been expected from "an unsolicited 'blow-by'".

      As for competition, there's some pretty significant distortion from governmental agricultural subsidies from the US and Europe. This has some negative consequences for those in other markets -- it's even harder for the poor farmer in a poor nation to compete than it otherwise would be, because even if he can produce enough to export it's hard to undercut a subsidized industrial-scale operation.

      --
      Only the dead have seen the end of war.
    2. Re:This is VERY IMPORTANT by ChrisMaple · · Score: 1
      Irish Potatoe Blight

      Gee, a post by Dan Quayle!

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      Contribute to civilization: ari.aynrand.org/donate
    3. Re:This is VERY IMPORTANT by Alsee · · Score: 1

      he either knew or ought to have known
      plants tolerated but not further encouraged.


      So what? Forget whether Schmeiser did anything wrong or not. Lets take someone absolutely undeniably 100% innocent of anything. If pollen/seeds/whatever contaminates your field and you had no idea the entire time, then what? And what if it quite possibly hits essentially 100% "contamination" before you find out? And yes, the percentage CAN quite easily explode. In fact random statistics guarantee that any such percentage *will* inevitably hit either zero or 100%. Then what? And better yet, what if you have no idea and you spray a round of RoundUp to clear out any weeds to start a news season and you find, heay, the leftover stragglers of last year's crops didn't die? Then what? Are you suddenly doing something illegal if you don't shut down your farm half-way through planting? You logic maybe hints you are allowed to keep raising your 100% RoundUpReady crop so long as you don't knowingly and intentionally do anything about the fact that it is RoundUpReady? Does this mean it suddenly become illegal to ever use RoundUp ever again to clear out the weeds? Even if it was something you'd normally use occationally?

      I realize the legal intent is good, but when you start producing broken results that means you've got a fundamentally broken law. A broken law is still a broken law, no matter how well intentioned it is.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:This is VERY IMPORTANT by d99mo · · Score: 1
      Another fact that colours the whole thing just a shade darker: the modified seeds might not actually contribute anything positive to the original seed.

      A qoute from http://www.mindfully.org/GE/RRS-Yield-Drag.htm
      This report reviews the results of over 8,200 university-based soybean varietal trials in 1998 and reaches the following conclusions regarding the magnitude of the RR soybean yield drag -

      * The yield drag between top RR varieties compared to top conventional varieties averages 4.6 bushels per acre, or 6.7 percent.
      * When comparing average yields across the top 5 varieties tested in 8 states, the yield drag averages 4.1 bushels, or 6.1 percent.
      * Across all varieties tested, the yield drag averages 3.1 bushels, or 5.3 percent.
      * In some areas of the Midwest, the best conventional variety sold by seed companies produces yields on average 10 percent or more higher than comparable Roundup Ready varieties sold by the same seed companies.

      It is important to place the RR soybean yield drag in perspective. From 1975 to 1994 soybean yields rose on average about 0.5 bushels per year. In 1999 the RR soybean yield drag could result in perhaps a 2.0 to 2.5 percent reduction in national average soybean yields, compared to what they would likely have been if seed companies had not dramatically shifted breeding priorities to focus on herbicide tolerance. If not reversed by future breeding enhancements, this downward shift in soybean yield potential could emerge as the most significant decline in a major crop ever associated with a single genetic modification..2

      On whether RR soybean systems reduce pesticide use and increase grower profits, our analysis shows that -

      * RR soybean systems are largely dependent on herbicides and hence are not likely to reduce herbicide use or reliance. Claims otherwise are based on incomplete information or analytically flawed comparisons that do not tell the whole story.
      * Farmers growing RR soybeans used 2 to 5 times more herbicide measured in pounds applied per acre, compared to the other popular weed management systems used on most soybean fields not planted to RR varieties in 1998. RR herbicide use exceeds the level on many farms using multitactic Integrated Weed Management systems by a factor of 10 or more.
      * There is clear evidence that Roundup use by farmers planting RR soybeans has risen markedly in 1999 because of the emergence of a degree of tolerance to Roundup in several key weed species, shifts in weeds toward those less sensitive to Roundup, price cuts and aggressive marketing.
      * Roundup use on soybeans may well double from 1998 levels within the next few years. But if current trends continue in the way RR technology is used, the efficacy and market share of Roundup may then fall just as quickly.
      * The RR soybean yield drag and technology fee impose a sizable indirect tax on the income of soybean producers, ranging from a few percent where RR varieties work best to over 12 percent of gross income per acre.

  95. Remember Africa too! by Dr_Marvin_Monroe · · Score: 2, Interesting

    Remember this happening in Africa too?

    As I recall, Robert Mugabe (I think?) refused to accept gifts of genetically modified corn to his country from the US. As a condition of accepting the gift, he required that the corn be milled, thereby destroying it's capability to grow/sprout/etc, and rendering it impossible for Monsanto and the other giants from having a legal case against him.

    I'm really surprised that the farmers are so stupid as to go along with this. Only a few months ago, Wired had an article about the new herbicide resistant coca plants in South America. The plants, as it turns out, were not modified in the lab, but through agressive breading in proximity to the American spraying efforts. No breaking of the law, just simple work. Why are these silly farmers accepting the same treatment? How long before US farmers come up with a soy bean that is resistant to roundup?

    I guess it just works out to choice...If US farmers want Monsanto's hands in their pants, they're entitled to choose that. Why heck, as the story points out, it makes farming really easy and feels pretty good at first. I just know that, like taxes, once the hands are there, they're not going to go away, and they'll only squeeze harder over time. Eventually, the farmers will find that they no longer have any choice... suckers...

    1. Re:Remember Africa too! by cheesybagel · · Score: 1

      Even if they manage to get the same gene via selective breeding, if it is patented, they probably can get sued anyway. This is why such monopolies are dangerous.

  96. Nitrogen by phriedom · · Score: 2, Informative

    Roundup completely breaks down into Nitrogen (fertilizer) in a few days.

    Yes I wouldn't want to breathe it or for you to pour it directly into my well or anything, but RoundUp isn't like many other herbicides and pesticides that break down slowly and hang around in the environment for long periods of time. Monstanto may be evil, but not because Roundup is some insidious poison that builds up over years and seeps into the groundwater or gets concentrated into the milk the children drink. Roundup is about as safe as chemicals get.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    1. Re:Nitrogen by CrossChris · · Score: 0

      Nitrogenation of the water table is killing lakes all over Europe, particularly in Ireland. The first (and most obvious) symptoms are huge algal blooms in the water. Roundup is thus just as bad as any other herbicide!

  97. This is royally fucked up... by Dr.+GeneMachine · · Score: 2, Insightful

    ... but not new. Being an molecular biologist myself, I have been ranting about this kind of shit for YEARS. I mean, what IS it with those people? When gene manipulation of crops, a.k.a. green biotech, came up, we were all celebrating. What could one do with this method - creating crops resistant against various pests, thereby reducing the need for pesticides, creating crops resistant against cold, draught, excess sun, whatever, increasing the area of potential farmland greatly. Maybe even building the nitrogen fixation system of legumes in other crops, completely abolishing the need for synthetic nitrate fertilizers.
    What happened outside our overly optimistic minds? Corporate greed took over, corporations like monsanto created new pesticides and the correlated pesticide resistant plants, they had their lawyer draw up special license agreements - and the promise of feeding humanity with less pollution and higher efficiency was broken down to higher corporate profits. I was not a part of this personally, but simply the fact of being employed in a related field makes me bow my head in shame for all this great opportunities given away and sacrificed on the altar of capitalism.

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    This comment does not exist.
    1. Re:This is royally fucked up... by Anonymous Coward · · Score: 0

      A biochemist here who agrees completely with you.
      When I was an undergraduate and these developments were coming along nicely, I was angry with the environmentalists who were jumping up and down trying to prevent its spread.

      Now, however, I agree with them just a little. Don't get me wrong - most Greenies are anti-science and hugely ignorant. They were scared of progress, not of corporate greed.

      But corporatism and the greed inherent with it has turned what was a highly promising technology into something that will have us all paying for crops and foods that used to be free. Bastards.

    2. Re:This is royally fucked up... by DaoudaW · · Score: 1

      Exactly.

      The one piece that the parent doesn't include is the complicity of public universities. There was quite a bit of discussion in scientific journals 20 odd years ago when stuff like Round-Up Ready Soybeans were just a gleam in researchers eyes on questions such as: When a private corporation gives research money to a public university who owns the technology which results? Or is it even ethical to take corporate money when the university's charter mandates it to work for the general public good.

      I guess we now know the result of such discussion. But you can be certain that the basic research that resulted in farmers being imprisoned for saving seed they grew themselves, was done in part at tax supported universities.

  98. Winona LaDuke by taoxek · · Score: 1

    Winona LaDuke has been talking about this for years. Some farmers have even been sued when a neighboring farmer's seed has been blown into their fields by the wind.

    Bullshit!

  99. Oh yes, I completely understand. by Y0ungN3rd · · Score: 1

    "A company called Monsanto sells those specially engineered seeds, and according to their license agreements, they make it illegal to replant the seeds harvested from a previous crop." Next-thing-you-know..."Oh yes, you can have my dog, but if she gives birth don't sell the puppies!"

    1. Re:Oh yes, I completely understand. by Anita+Coney · · Score: 2, Interesting

      Actually, that's quite common among purebred dogs. My sister is really into purebred basset hounds. She's bought from breeders who have told her that she cannot breed the puppies they sold her. I've always laughed at it because I cannot figure out how they'd ever know about to enforce it.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:Oh yes, I completely understand. by henni16 · · Score: 1
      cannot figure out how they'd ever know about to enforce it.
      I don't know where you come from but according to a friend (in Germany)who got a purebred puppy a few weeks ago:
      • Most of the value of purebred dogs(probably animals in general) comes from the fact that they have a well documented bloodline to prove their origin; my friend got a copy of the genealogical tree and some other stuff with the puppy
      • If her dog has offspring it doesn't matter - as the seller can't know about it like you already said
      • However, in case that you want to give the offspring away you have to report back if you want to 'advertise' with the bloodline (use the "family name") - at least to talk about the naming of the dog amd its integration in the official genealogical tree (dunno about asking for permissions/royalties). There are official registers for keeping track of that sort of stuff.

    3. Re:Oh yes, I completely understand. by Reziac · · Score: 1

      [puts on professional dog breeder hat, now in its 35th year]

      What you say was true in the Olden Days -- there was no practical way to enforce a nonbreeding contract, other than if you caught someone in the act and hauled them into court.

      However, most registries now offer "nonbreeding" or "limited" registration, and the breeder can opt to apply that to any puppy they sell. You can still lie to the breeder about your intent and breed the dog anyway, but you cannot register any of its offspring. This reduces their salable value to essentially zilch, and they will have no influence on the breed's overall gene pool.

      Side note: some breeders use "nonbreeding" registration to control what is done with any puppy they sell, regardless of its quality (this is ultimately destructive, especially in rare breeds, since the genes of many *good* specimens are thereby lost forever). Others (like myself) use it as it was intended -- solely to remove *substandard* specimens from the gene pool.

      BTW I've now had eleven generations of my own bloodline :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  100. Properly labeled... by Lurkey+Turkey · · Score: 1

    Hmmm... and you thought those little "M"s on the M&Ms were advertising? Nooooo...GE candy! Swallow an M&M and Monsanto owns you...

  101. The Answer: Open Source Bioengineered Crops by thelizman · · Score: 1

    It's far easier to bioengineer crops than it is to say, write software. More geeks would do it if it didn't require patience. The only hurdle would be getting FDA approval, and open source efforts probably wouldn't get the red carpet treatment the way Monsanto or Archer Daniels Midland would, but it could have a huge impact. I suggest you target soy, an already hearty crop with myriad uses in both food and fuel (as biodiesel).

  102. Reminder: No company is more evil than Monsanto by Serveert · · Score: 1

    .... none, nada, zip. Although pharm co's come close.

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    2 years and no mod points. Join reddit. Because openness is good.
  103. Please the mod parent up. by Anonymous Coward · · Score: 0

    Agent Orange is the chemical weapon US used on vietnam. Thousands of civilians have died from it.

  104. that must be my neighbours software ...... by dan.hunt · · Score: 1

    I did not install that software it must have blown over from the neighbours and just flown into my c.d. tray .... and then a freak power surge ......
    If this was software everyone would understand.
    Picture this, a square mile of warez software in a field along side a freeway leading to "Microsoft Headquarters".
    If you open a store selling Warez software in a major mall you will get sued too.

  105. Re: The story is... by randallpowell · · Score: 1
    Welcome to communism.

    License this, license that, none of it is yours.

  106. MOD PARENT UP by catch23 · · Score: 1

    Too much FUD is going around these days.... anything that kills plants must have some kind of detrimental effect to humans as well. Well, in this case, I think the scientists at Monsanto have done a good job at engineering a weed killer. Roundup isn't just a weed killer, it's a plant killer. And does so by preventing the plant from harvesting air. (like strangling someone)

    1. Re:MOD PARENT UP by catch23 · · Score: 1

      Well I guess I should also make a note that the herbicide does have a half life of 47 days. So it doesn't just disappear the moment it touches the soil, however, it's much less harmful (as far as weed killers go) than anything else available on the market.

    2. Re:MOD PARENT UP by quetzalc0atl · · Score: 1

      no it doesn't prevent the plants from "harvesting" air (whatever that means).

      it inhibits enzymes responsible for the biosynthesis of certain amino acids, bringing protein synthesis to a halt and starving (not strangling) the plant.

  107. Maybe we should follow Gate's lead by Thunderstruck · · Score: 1

    What if we get a few folks, in their spare time to make just ONE GM strain of a grain and release it under an open license. Then any seed which derives part of its DNA from this patented seed must also be made freely available for replanting.

    That and a few spendy lawyers (like me) should solve the problem.

    --
    Trying to use sarcasm in text-based forums does not work.
  108. I just realized... by BillX · · Score: 1

    Yesterday a friend and I went grocery shopping, and when she got a cart there was a little broken-off sprig of some kind of decorative plant sitting in the bottom dying, so I stuck it in my pocket to put in dirt when I got home. After talking and joking about this for a moment I came to the realization that all of the plants in my house are pirated. I went down the list in my head:

    Devil's ivy - trimmings from my roommate's plant
    Aloes - the original broke off the roommate's while I was watering it, so I stuck it in dirt
    Two types of unknown leafy thing - cuttings from Grandma's house
    "Take Over The World plant" (don't know what it's called, but it looks like something right off the set of Little Shop of Horrors and nobody's been able to kill one) - a friend gave this to me (hi jane!) as a dessicated little sprig and said "here, stick this in some dirt...I guarantee it'll start growing and try to take over your room" ...she was right!
    Spider plant - dropped bud off of a sickly, ill-maintained plant at Home Depot (free advice guys, stick to hardware), I think it was on a sort of "I bet you can't make this live" bet.

    Now I have to wonder, how many intellectual property laws am I breaking in this rampant plant piracy? With some of these definitely-tropical types, who knows, the mega-nursery all the distributors (e.g. Home Depot) buy them from, who probably propagating theirs the exact same way (cut and root), may itself have only a handful of genetically-unique strains. Will the SPA (Stolen Plants Alliance) come knocking on my door, citing a DMCA (Deliberate Misappropriation of Chlorophyll Act) violation?

    (I think the supermarket's on to me though; they've begun copy-protecting their produce. Bah, seedless grapes, bah I say.)

    --
    Caveat Emptor is not a business model.
  109. My Plan to own the world in 5 easy steps by Anonymous Coward · · Score: 0

    1)Patent Gene sequence
    2)Design retrovirus to inject said sequence into human host
    3)Retain creative lawyers to write iron-clad IP agreement.
    4)Sell to one person for $1.
    5)Sue world

  110. Patent office? Yes, I'd like to patent life itself by laughingcoyote · · Score: 2, Interesting

    This illustrates perfectly what is wrong with "Intellectual Property." Aside from the egregious abuses that Monsanto has been guilty of in this particular case. For example, suing farmers who DON'T use Monsanto seeds when seeds blow in from a neighboring farm which does, going after farmers who break off the deal (it would be nearly impossible to eradicate all traces of the previously-planted Monsanto seeds, so chances are high that any farm which has ever used Monsanto's seeds still have some lying around in their soil, giving Monsanto grounds for a lawsuit), and many other abuses. While unproven, Monsanto has even been accused of "planting" (in both the sense of planting a seed, and planting evidence) their crops on the farms of those who refuse to use their crops.

    To my thinking, arguing that "patents" are applicable to any living organism or any part thereof (including its DNA sequence or any portion thereof) is dangerous and absolutely ludicrous. If someday it becomes possible to genetically engineer humans to cure them of crippling genetic diseases, will that person have to later purchase a "license" to have children, and the children, if they receive the modified gene, will have to also purchase such a license, and so on...

    "Intellectual property" is out of control. Time to bring it back to reality (max. 5 year length of copyright/patent, only tangible, non-living, truly unique items patentable, no personal use restrictions) or, better yet, abolish entirely the dated and inappropriate concept that a person (or, worse yet, a pseudo-person known as a "corporation") can OWN an idea. This case makes the perfect argument that such laws do great harm FAR beyond college kids sharing a few movies.

    --
    To fight the war on terror, stop being afraid.
  111. Use of Roundup by initialE · · Score: 1

    From what i gather the real smoking gun would be the use of their Roundup herbicide. If you planted their beans w/o using the stuff, you'd end up with no distinct advantage over just planting your own seed.

    --
    Starbucks, Harbuckle of Breath.
  112. Great defense? by ForThePeople · · Score: 5, Interesting

    So, if these plants are property of Monsanto, and they happen to start growing on my land with no help from me...

    I can charge them with tresspassing...
    or maybe illegal dumping???

    What you people think?

    --
    To make laws that man cannot, and will not obey, serves to bring all law into contempt. --E.C. Stanton
    1. Re:Great defense? by Balorn · · Score: 1

      So, if these plants are property of Monsanto, and they happen to start growing on my land with no help from me...
      I can charge them with tresspassing...
      or maybe illegal dumping???


      Probably wouldn't work - didn't this already happen, and they successfully sued the person whose land it was growing on for IP violation?

      --
      http://www.balorn.net/
      ?
    2. Re:Great defense? by BrokenHalo · · Score: 2, Informative

      Not quite; however, measures that Monsanto are pursuing in the US have nothing on their vastly more predatory practices abroad. In India, for instance, there is widespread concern that Monsanto and others are adding to the common lot of hunger and poverty.

    3. Re:Great defense? by Fjandr · · Score: 1

      I believe there was a case several years ago of a farmer countersuing Monsanto after being sued for planting wind-drift cross-pollinated corn. Can't remember anything more specific though, so take it with a grain of salt. I do know HE was sued for a fact though.

    4. Re:Great defense? by ForThePeople · · Score: 1

      I thought that was a Canadian case. Even though Monsanto successfully won the IP violation case, that might not mean the farmer still cant turn around and sue Monsanto for tresspassing or something?

      --
      To make laws that man cannot, and will not obey, serves to bring all law into contempt. --E.C. Stanton
    5. Re:Great defense? by Sique · · Score: 2, Interesting

      He was sucessfully sued because he noticed that some of his crops were immune against RoundUp, and he knowingly took those seeds to plant new crops. So Monsanto was sucessfully arguing that he knowingly took advantage from their intellectual property. This made him loose the case.

      --
      .sig: Sique *sigh*
    6. Re:Great defense? by qeveren · · Score: 1

      As I recall in the Canadian case, the farmer in question was deliberately crossbreeding his own seed-stock with Monsanto seed that he had 'acquired'. As much as I despise Monsanto and 'Intellectual Property', in that case, Monsanto was more-or-less in the right.

      --
      Don't just stand there, get that other dog!
    7. Re:Great defense? by Anonymous Coward · · Score: 0


      >What you people think?

      If you happen to be a commercial canola farmer, you'll have some splaining to do. The "reasonableness" test is pretty tough, if you need to explain how hundreds of acres of plants have been carefully grown and harvested on your commercial farm, which just happen to be grown from a specific, expensive strain.

      A crack dealer might lose his stash due to a sudden gust of wind, and it might accidentally blow into my car window and land on my floorboard. Will that be an easy story to sell to the police?

      The story that tons (TONS!) of seeds simply blew into a commercial farmer's field(S) and grew and was harvested and taken to market, is just about as tough to sell as my outrageous crack dealer analogy. But that's what we're supposed to believe. I don't like Monsanto one bit, but I also don't buy every word of the farmer-victim stories.

    8. Re:Great defense? by JoeBuck · · Score: 4, Insightful

      But there's a problem with this. He was doing what plant breeders have been doing for ten thousand years: noticing which plants have a desirable property and saving the seeds from those. Monsanto is basically arguing for the end of agriculture as it was traditionally carried out, and certainly the end of subsistence agriculture (as their seeds, if they have a property that lets them out-compete other seeds, will spread everywhere). You'll either pay Monsanto or you won't eat.

    9. Re:Great defense? by Anonymous Coward · · Score: 5, Informative

      No, you're pretty much totally wrong. Good Job.
      http://www.commonground.ca/iss/0401150/percy_schme iser.shtml

    10. Re:Great defense? by Anonymous Coward · · Score: 1

      Wow, your post would be even better if you had a freaking clue what you were talking about.
      http://www.commonground.ca/iss/0401150/percy_schme iser.shtml

    11. Re:Great defense? by Anonymous Coward · · Score: 0

      tresspass ... nope ...
      But it would be possible to counter sue them and/or your neighbouring farmer for demonstrable economic loss ... if you are a farmer and you scrap 10% of your crop b/c of these seeds you could try to ping them for that 10% ... J

    12. Re:Great defense? by hitmark · · Score: 1

      hail our corporate overlord...

      this is why its insane to blanketcopy ip laws from one economic enviroment to the next. diffrent economic enviroments have diffrent economic laws even tho they on the surface look and act the same.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    13. Re:Great defense? by shadowmas · · Score: 1

      i'm not sure if its Monsanto but here in asia one of the problems is that these companies give sterilized seeds so that the harvesting seeds cannot be used to to grow crop for next year. so the farmers have ltl choice but to buy seed every year.

    14. Re:Great defense? by Gilgaron · · Score: 1

      That would prevent cross polination problems, although it certainly is an inconvenience for the farmers.

    15. Re:Great defense? by shadowmas · · Score: 1

      the problem is the farmers here arent rich. they cant afford to buy seeds every year. there getting deaper and deaper into debts. they simply cant afford it.

    16. Re:Great defense? by aichpvee · · Score: 2, Funny

      I'm wondering why we're even growing bio-engineered plants in the first place. I've seen movies, this kind of thing NEVER ends well.

      --
      The Farewell Tour II
    17. Re:Great defense? by Neuroelectronic · · Score: 1

      It's his own fault for getting mixed up with this company. He was part of an agreement, and no matter how evil it was, he agreed to it by using their seed. evil seed...

    18. Re:Great defense? by twiddlingbits · · Score: 1

      So buy seeds from another company. Start a co-op and help spread costs. Develop a "aclimitized" variety from heirloom seeds and then sell it. That practice is gaining a lot of momentum in the USA to get around Monstanto's claims. Sure, the old varieties get disease and bugs and weeds grow but you don't have to foot the bill for new seed each year. You can probably plant more acres, lose some to bugs & disease and come out ahead in the long run. In other words bitching and moaning is NOT a solution.

    19. Re:Great defense? by LuSiDe · · Score: 1

      and they happen to start growing on my land with no help from me...

      That's how it works with patented GM food. Even though seeds are spreaded by wind, water, humans (e.g. shoes). Those GM seeds 'infect' non-GM and the non-GM food becomes GM for a % of X. Its not natural anymore, but also now contains the patented GM parts.

      People have been warning for this since Ages, but alas. Even Slashdotters were pro-GM in GM threads, but now you all see the Evil theory yourself... and people who actually fight against this, such as anti-GM activists, are 'criminals'... yeah right.

      --
      WE DON'T NEED NO BLOG CONTROL.
    20. Re:Great defense? by jmelchio · · Score: 1

      There was a case like that in Canada which concerned Roundup resistent Canola from Monsanto http://www.percyschmeiser.com/court%20costs.htm and the farmer lost.
      The judge decided the farmer should have figured out that he had GE crop whether he bought it or not.

      In this case of course the farmer simply used the crop. As you mention it would be interesting to find out if he could have someone pay for the removal of the GE crop if he did not plant it. Trespassing or illegal dumping seems a bit of a stretch but it would seem to me that either the neighbor from where it blew over or Monsanto should be made to pay for removing it.

      There are more links out there if you 'google' for it.

      --
      close but no sig
    21. Re:Great defense? by rark · · Score: 1
    22. Re:Great defense? by shadowmas · · Score: 1

      no i'm not bitching or moaning. but asia is not USA farmers dont have lots of land they dont have the option of choosing from multiple companies. they are trying to get around the companies by developing "aclimitized" varieties from heirloom seeds but like you said these arent perfect.

    23. Re:Great defense? by Anonymous Coward · · Score: 0

      I think everyone needs to read the page at this link. The implications are horrifying.

    24. Re:Great defense? by ahodgson · · Score: 1

      The problem isn't GM, though, it's IP law. A lot of the anti-GM crowd are just opposed to science in general.

    25. Re:Great defense? by BLAG-blast · · Score: 2, Insightful
      The problem isn't GM, though, it's IP law. A lot of the anti-GM crowd are just opposed to science in general.

      No the problem is GM and not being able to choose if you grow GM food or not, the fact GM food is of a poorer quality than organic, the fact once it's released in the wild it can't be stop.

      I agree the IP law is broken, but remember you can't eat IP law.

      --
      M0571y H@rml355.
    26. Re:Great defense? by Freexe · · Score: 2, Informative

      wind-drift cross-pollinated corn

      He had no involvement with the company, some bird probably shat in his field, or some seeds carried on on the wind.

      read http://www.commonground.ca/iss/0401150/percy_schme iser.shtml it is interesting and has some important implications for GM

      --
      "In a time of universal deceit - telling the truth is a revolutionary act." - George Orwell
    27. Re:Great defense? by Anonymous Coward · · Score: 0

      Bird eats seed.

      Bird flies miles away.
      Bird craps.
      Plant grows.
      New bird eats seat years later when plan produces seeded fruit.

      New bird flies a few miles in another direction
      Bird craps.
      New plants grows.

      sobody purchses seeded plant.
      Drives X hundred files decides they do not like it and tosses it out of window.
      PLan grows. (add in here maybe bird eats seead and flies)

      I see issues with this suing over planted seeds.
      foolish.

      -L

    28. Re:Great defense? by LuSiDe · · Score: 2, Insightful

      Heh, well. I've yet to meet a anti-GM activist who's opposed to science in general. There's not one single person i mett (and i know a few) who's some kind of unabomber person. Most are quite into politics one way or another though.

      As for your actual statement. Lets say you're a farmer and you have 5 fields of different vegetables. Naturally, you work hard for your money and then some research project is started near 1 of your fields. One of your fields becomes 'infected' with the GM seeds. What are your choices in your situation?
      1) Keep it silent and sell it differently than it is given its now GM (it should IMO be obligated to label GM food as it is. It ought to be a right to be able to know what you eat as consumer).
      2) Torch the field and start over which means money loss and/or the possibility you can't use the field anymore at all because its near a GM field. The possibility of 'infection' is always there though (wind, water, humans), its just less likely when the GM field is futher away. There's no alternative to 1 or 2 which doesn't involve a lot of money ('moving away' could be one, but thats expensive).

      Is such situation likely right now? Given there's no widespread GM, not yet. But one should be warry to such situations, they're theories to evade for sure.

      --
      WE DON'T NEED NO BLOG CONTROL.
    29. Re:Great defense? by LinuxLuver · · Score: 2, Insightful

      You would think so.....but the law in many countries is FIRMLY slanted in Monsanto's favour. One of the key issues with genetically modified lifeforms is who pays for any dmanage done. Today, the victim wears the cost....and the "owner" of the lifeform just whistles and walks away. So if your fields are contaminated with Monsanto's seeds, YOU need to pay to have it removed - or they will sue you. Fair? Hell no.....but that is the sort of law that has been put into place while most of us were watching TV and sipping beers. We - collectively - need to wake up and pay atention.

      --
      Only boring people are ever bored.
    30. Re:Great defense? by LinuxLuver · · Score: 2, Funny

      No He can't. Monsanto didn't trespass.....one of their seed licensees did. It's your mission to find out which one that seed came from (.....and good luck!)

      --
      Only boring people are ever bored.
    31. Re:Great defense? by LinuxLuver · · Score: 1

      Percy Schmieser claims he did not deliberately use Monsanto's seed. He says he re-used his own seed....and it became contaminated with the Round-up resistance gene from wild stuff growing along the side of the road. Evenetually, nearly 90% of his seed stock became contaminated. Monsanto say's that's "proof" he was cross-breeding their seed. Percy say's it's proof their lifeform is way out of control.

      --
      Only boring people are ever bored.
    32. Re:Great defense? by aphor · · Score: 1

      I've seen this somewhere on TV. I think it was a 60 Minutes or something, and farmers who have fields adjacent to frankenfields are suing Monsanto for polluting their land with dangerous pollen. After a season or two, they can spray a herbicide on their field and what's left is the resistant genetically modified offspring plants grown from seed produced on their land, by non-monsanto seeded plants, but pollenized by neighboring monsanto fields.

      --
      --- Nothing clever here: move along now...
    33. Re:Great defense? by refactored · · Score: 1

      Dunno, grow some maryj in your backyard and see what happens when the cops come round...

  113. Monopoly trouble by jonskerr · · Score: 2, Insightful

    >If they don't like that agreement, then they don't have to buy the seeds!

    Wrong. Monsanto and its cohorts has the market buttoned up. You should say if you don't like it, go get some other job. Organic farmers are pretty much the only farmers in industrialized countries that don't have to buy from Monsanto, since they can produce their own seeds.

    On a side note, one of the threads in this discussion is about saving seed to replant next season. Monsanto is essentially doing everything it can to stop the entire world from doing this. Most of their hybrids won't produce viable seed, and now they have IP laws on their side that say if they can detect the DNA they devoloped in your crop, no matter how it got there, you're legally liable to pay them damages.

    --
    O~ Him that studies revenge keeps his own wounds green. -- Francis Bacon
    1. Re:Monopoly trouble by SilverspurG · · Score: 1

      You should say if you don't like it, go get some other job

      You just demonstrated about Level 25 Troll. Holy cow.

      --
      fast as fast can be. you'll never catch me.
  114. Oh puleeezzze by Anonymous Coward · · Score: 0

    You can make noises that the media is controlled by the right or the left. But this is proof the media is controlled by the rich. This is obviously the story of the century. The implications to access to food is staggering. As well as the future of non-megacorp farming. And yet, barely a peep comes out of the TV or the magazines or the newspapers.

    Small farmers are getting squeezed by megafarms, megacorps, the weather, alien crop circle makers, etc isn't exactly "the story of the century". This has been an on-going event and anyone who follows this with the smallest interest knows that there are absolutely no signs of this abating any time soon. Your ranting about the media is a bunch of BS. They aren't covering because, for the most part, most people don't give a crap (rightly or wrongly). Media is controlled by the rich, well I got some news for you, damn near EVERYTHING is controlled by the rich, again, not exactly news for anyone (except of course the editors here at /.). The rest of your drivel is not even worth commenting on.

    1. Re:Oh puleeezzze by slashdot_commentator · · Score: 1
      Small farmers are getting squeezed by megafarms, megacorps, the weather, alien crop circle makers, etc isn't exactly "the story of the century"

      No, it isn't. But that isn't the story of note, ye of feeble mind. Using the judicial branch & the federal gov't to oppress the citizen farmer *is* the story of the century, or at very least, pretty damn important.

      Your ranting about the media is a bunch of BS. They aren't covering because, for the most part, most people don't give a crap (rightly or wrongly).

      No, that is the rationalization they provide. And pursuit of the almighty buck over all other considerations was not how media worked pre-1994. When CBS started reporting against practices of the Vietnam war, they did not do so with the intent of boosting ratings. People did not want to watch American casualities at the dinner table. The Washington Post knew they could catch hell for reporting every instance of malfeasance from the White House in Nixon's administration.

      What you sheep don't realize is that level of journalistic integrity doesn't exist today. They're telling you the CIA was not selling drugs to the inner city, or that Ollie North did not operate a drug cartel to fund the Contras, or that there were no WMD in Iraq (until after the invasion).

      The rest of your drivel is not even worth commenting on.

      Yeah, you go to your God and tell him how you support killing, torturing, and raping Iraqi civilians in his name.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
  115. Monsanto has quite a racket. by hypnosoh · · Score: 1

    They sell seed for plants that are programed to die off. They don't tell there customers. Now they are putting people in jail for planting there seeds. The same system works for drug dealers.

  116. Farm Burea and Monsato by linuxislandsucks · · Score: 1

    the reason why there is no us press is becasue Farm Burea and Monsato are co conspirators in this..

    Monsato owns indirect control of Farm Burua..

    For those that do not know Farm Burea is Co-Op that provides feed/seed, and etc to farmers at alledgely lower prices and sells their crops at alledgely higher prices..

    --
    Don't Tread on OpenSource
  117. One way to get the genetically altered seeds by cdn-programmer · · Score: 4, Informative

    I grew up on a farm about 200 miles north of Schmeiser's farm. Rapeseed is still grown on my Dad's land. So I have some personal information of the issues and I want to dispel some of the myths that have been postulated here.

    A very simple way for the seed to show up is if Schmeiser hauled a load of seed into an elevator for cleaning. This is a very normal practice in Saskatchewan. I have personally done this.

    Elevators have rather decent cleaning equipment and it does not cost all that much to run the seeds through.

    The issue is that elevator agents will sometimes substitute seed and not tell the farmer. This is so very simple to do and clearly from an efficiency standpoint why not switch the bins instead of making the customer wait?

    If Schmeiser hauled a single load into an elevator this is all that would be necesary. He didn't know and the elevator agent also had no idea of the consequences.

    That being said - another more sinister explanation is that bees like to spread the genes around. Biological studies have proven that a bee will go to a plant with a different genetic makup for its next load of honey. This is probably built right into the genetics of a bee.

    If so - then Monsanto genes would be spread willy nilly all over the place and there is NOTHING a farmer like Schmeiser can do to prevent this. It makes perfect sense that biodiversity will enhance bees' food supplies. 500 million years of evolution will favor bees that maximise the bio-diversity of the plants which produce the honey they consume. Any bee colony practicing mono-culture may well have died out millions of years ago when their food source failed.

  118. If you want to replant your seed from last year... by Will_Malverson · · Score: 1

    ...do it. Don't buy Monsanto seed, grow whatever you were growing last year.

    What? You find the extra value associated with growing Monsanto-brand corn to outweigh the extra cost associated with buying it, making it a better deal for you? Fine. Monsanto must have made something pretty special there. In return for making that special thing, they get a temporary right to control how you and everyone else use it.

    Don't want to have them controlling your crop? Fine. Wait until 20 years after the initial invention, and the patent will pass into the public domain. Then you can use it without fear of being sued.

  119. And we wonder why Africa doesn't want them... by Chris+Burke · · Score: 3, Insightful

    Bunch of luddites, not seeing that the future is genetically modified grains, wholly owned and controlled by a foreign company who will bury anyone who tries to grow food without permission...

    Haven't we at least learned anything from Microsoft about single-source monopolistic controls? And this is food! I'm starting to think we deserve our new fascist state.

    --

    The enemies of Democracy are
    1. Re:And we wonder why Africa doesn't want them... by Anonymous Coward · · Score: 1, Funny

      It's because GM corn, much like cameras, will steal your soul.

  120. Genetically prevented from reseeding by Baggio · · Score: 2, Interesting

    I can't find a reference to it now, but I think (maybe 5 years ago) that /. had a posting about a new genetic process that Monsanto invented specifically to prevent reseeding.

    As I understood it, they had a way to create a crop that you could grow from a seed, but that crop in return wouldn't bare any seeds itself. This of course was great for Monsanto and terrifying for farmers.

    The closest I could find online http://members.tripod.com/c_rader0/gemod.htm mentions (search for reseed) that plants can be rasied with sterile male parts. Thank God I'm not a plant, that doesn't sound plesant.

    --
    Time flies like an arrow;
    Fruit flies like a bananna
    1. Re:Genetically prevented from reseeding by serbanp · · Score: 2, Informative

      You mean the Monsanto Terminator technology. I remember they first try was to stealthly introduce to Europe a RoundUp-friendly potato with the Terminator gene.

      The backlash was so terrible (they've lost their market in Europe because of that) that at least for the following years they did not attempt to commercialize anymore this technology.

      Googling a bit, it seems that they started again pushing this towards the market.

      Serban

  121. Bullshit by Anonymous Coward · · Score: 0

    http://www.tulane.edu/~bfleury/envirobio/enviroweb /DeadZone.htm

    1. Re:Bullshit by Black+Acid · · Score: 1
      http://www.tulane.edu/~bfleury/envirobio/enviroweb /DeadZone.htm

      Posting this as a link so maybe someone will be able to click it. :)

    2. Re:Bullshit by gnuman99 · · Score: 1

      Yeap. This is what happens when you dump so much nitrogen into water. No oxygen and all animals die.

    3. Re:Bullshit by Anonymous Coward · · Score: 0

      over spraying roundup can have other negative side effects, such as genetic immunity to it developing in weeds. this has already started to happen with cocaine (which the US pays the columbian government to spray the crops with roundup) of course in that case, human intervention served to 'speed' the course of evolution to create whole fields of immune cocaine in mere years, instead of pehaps centuries..

    4. Re:Bullshit by Anonymous Coward · · Score: 0

      I'm just waiting to see how long it takes Monsanto to sue the cocaine growers and drug lords for stealing their "Round-up Ready" cocaine genes...

    5. Re:Bullshit by Anonymous Coward · · Score: 0

      Destroy the damns too to save the fish.

      But what would Satan do?

  122. Bullshit by BenByer · · Score: 2, Insightful

    http://www.tulane.edu/~bfleury/envirobio/enviroweb /DeadZone.htm

    Posting this logged in so maybe someone will see it.

  123. This is pure evil! by node+3 · · Score: 4, Insightful

    This is absolutely sick! Seeds float through the air, and when they land, they grow into plants, by their very nature!

    That's like if I were to write a computer worm, then sue people who get infected by it for violating the terms under which I license it!

    This is pure evil.

    1. Re:This is pure evil! by bladesjester · · Score: 2, Funny

      "That's like if I were to write a computer worm, then sue people who get infected by it for violating the terms under which I license it!"

      SCO, RIAA, MPAA, et al don't need any more ideas...

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    2. Re:This is pure evil! by Anonymous Coward · · Score: 0

      Mod parent up you Monsanto loving bastards!

    3. Re:This is pure evil! by Anonymous Coward · · Score: 1, Funny

      This is pure evil.

      worse, it's geneticly engineered evil! run!

    4. Re:This is pure evil! by nicklott · · Score: 4, Informative
      This is pure evil.
      Well, duh...

      Is this not common knowledge in the US? (the suing over seeds bit) If not, perhaps the European reaction to GM crops is more understandable to some americans now.
      It wasn't just about having modified crops, it was about the whole way it worked: They're not modifiying crops to make them better, they're modifiying them so they sell more of their pesticide.

      At least that was the issue for me anyway...

    5. Re:This is pure evil! by Anonymous Coward · · Score: 0

      This is absolutely sick! Seeds float through the air, and when they land, they grow into plants, by their very nature!

      Have you ever seen a soybean? They don't "float through the air". And regardless of the aerodynamic properties of soybeans, you seem not to have RTFA. The farmers being sued deliberately planted seed harvested from genetically engineered (Roundup Ready) plants, breaking their contracts with Monsanto. They were free to plant conventional soybeans (and save seed for replanting); they chose not to, presumably because they thought they'd make better profit planting Monsanto seeds.

      The only thing Monsanto is to blame for is not having made their licensing agreements sufficiently clear to the farmers.

    6. Re:This is pure evil! by Lumpy · · Score: 1

      It's more evil than that.

      Imagine a Famine happens in africa again, we in our good hearts send food to africa to help them, the smart africans look at the corn and wheat and say, "Hey let's eat 1/2 and plant the other 1/2 so we will not starve anymore."

      The company now owns ALL the food in that country.

      This is why most countries have an embargo on food in seed form coming from the United States. They look at United States food as highly dangerous to their country's economy.

      Genetically modified anything should not be allowed to be patented or copyrighted. Hell it should not be protected in any way other than trade secret.

      and the Sickest part of the purest of evil? Only the rich can afford to buy and eat food that is not modified and patented.. The rest of us are FORCED to eat the food grown with these Patented version of normal vegatables.

      GM tomatoes are $1.25 a pound here in the US, Organic non GM tomatoes are 3.95 a pound. And it is impossible to find a local farm that is not growing any GM food. it's far cheaper and you get insane yields by growing GM foods, Organic farming takes a lot more work and expense to produce 1/2 the yield the GM farm does.

      GM food is ok for you, farmers have been doing their own Genetic Modifications for centuries, but the absolute pure evil that is in the companies that patent these things makes everyone stomach turn.

      --
      Do not look at laser with remaining good eye.
    7. Re:This is pure evil! by SilverspurG · · Score: 1

      GM tomatoes are $1.25 a pound here in the US, Organic non GM tomatoes are 3.95 a pound

      After the hurricanes in Florida, the tomatoes around here have gone up to $2.75 per pound, on average. It's silly. How come Ragu or Prego or Hunt's tomato sauce hasn't gone up if there's such a big tomato shortage? Just because I want to make some decent tomato sauce suddenly there's a shortage of tomatoes.

      We have hydroponics, beefsteak, and some real nice red ones that come in still on the vine. Those make the best sauce. I don't think the store up the road has any organic tomatoes.

      --
      fast as fast can be. you'll never catch me.
    8. Re:This is pure evil! by Alsee · · Score: 1

      Oh don't worry, he's not giving them any ideas they didn't have years ago. You do recall the law they attempted to pass to grant copyright holders criminal immunity for attacking people's computers and civil immunity for any damages they caused? Of course they considered releasing worms, and of course they were considering ways to sue those evil nasty pirates (and dolfins).

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    9. Re:This is pure evil! by bladesjester · · Score: 1

      Yes, but this would be like them releasing the worms (which were meant to destroy the system) and charging fees to the people who got infected for using their "copyrighted" worm software.

      The combination of the two is laughable, but I wouldn't put it past them to try.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    10. Re:This is pure evil! by node+3 · · Score: 1

      Is this not common knowledge in the US?

      Common? Not really, but there is awareness. I've been aware of this for years too, doesn't make it any less evil, does it?

      It wasn't just about having modified crops, it was about the whole way it worked: They're not modifiying crops to make them better, they're modifiying them so they sell more of their pesticide.

      Well, "duh" back at ya! :-D

    11. Re:This is pure evil! by mink · · Score: 1

      From the fields I passed and the processing plants I saw, those sauces are made from tomato crops grown in northern Ohio(and probably other states as well).

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  124. Not the same crop? by VirtualUK · · Score: 1

    Wouldn't the fact that crop of the following year couldn't be identical to the previous year due to genetic variation brought up through the normal cycle of pollenation? The same process that the GM company used to "breed" their super strain of crop?

    Seeing that the genetic makeup of the crop has to be somewhat different, all the GM company could claim would be that fractured pieces of their copyrighted genetic code remained in the new crop. This is the case however anyhoe, look hard enough and you'll find that the particular genetic sequence that makes their crop so good is probably out ther in some other non human manipulated form, and thus you could say that there are prior cases of the copyrighted material which would null and void their claim.

  125. In Iraq you are required by law to use them. by Anonymous Coward · · Score: 1, Informative

    Under law set by L. Paul Bremer (still in force so far as I know). Iraqi farmers are required to buy Licences from Monsanto before growing crops. They are, in fact forced to use genetically engineerd (and thus patented and copyrighted) seeds. Read it on /..

    1. Re:In Iraq you are required by law to use them. by brit74 · · Score: 1

      Under law set by L. Paul Bremer (still in force so far as I know). Iraqi farmers are required to buy Licences from Monsanto before growing crops. They are, in fact forced to use genetically engineerd (and thus patented and copyrighted) seeds. Read it on /..

      Or you could read it closely and notice that Iraqis are not forced to buy crops from Monsanto. Instead, what it says is that IF they use Monsanto GM seeds they have to comply with the licence. In other words, Iraq must comply with the same IP laws as the Western world. This is an ongoing struggle with the third world. Foreigners get really mad when they find out that their local pharmacutical factory, which is producing US-developed drugs with absolutely no compensation to the developer, has to start complying with copyright laws. It's stunning because they think they should be allowed to rip-off anything they want (because they're doing the production) and gleefully ignore the cost of development. It's like street vendors making copies of software that costs hundreds or thousands of dollars and getting mad that they aren't allowed to burn their own copies and sell them for a couple bucks. They argue "but I burned the copies myself!" as if they did something significant.

    2. Re:In Iraq you are required by law to use them. by Anonymous Coward · · Score: 0

      If you read the article closely they are forced to do two things 1) Use seeds of a type that are "certified". Only Monsanto and one other U.S. Company make such seeds. 2) Pay for a licence on said seeds. RTFA.

  126. Yeah, he took a tweezer and picked up the seeds. by jonskerr · · Score: 1

    No, we're talking about the farmer who did everything the way he always has, saving seed from one year to the next, rotating his crops through different fields, etc. Then one say he gets slapped with a lawsuit because one of Monsanto's ninjas slipped over the fence and took samples of his crops, which, when analyzed, showed the genetic nametags Monsanto had sewed onto the corn's waistband. And the farmer loses his crop or his entire farm. Monsanto should have to sue the wind and the King of the Insects, they're the ones who took the pollen from one field to another.

    --
    O~ Him that studies revenge keeps his own wounds green. -- Francis Bacon
  127. He should have sprayed Roundup first by HermanAB · · Score: 1

    So what is one supposed to use to kill these Monsanto weeds, once they have infested your property?

    --
    Oh well, what the hell...
    1. Re:He should have sprayed Roundup first by fishbowl · · Score: 1

      "So what is one supposed to use to kill these Monsanto weeds, once they have infested your property?"

      They aren't fire resistant.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:He should have sprayed Roundup first by HermanAB · · Score: 1

      fire - hmmm, not yet, no....

      --
      Oh well, what the hell...
  128. Counter-sue Monsanto for infecting your corn field by Anonymous Coward · · Score: 0

    Thus make them pay you to clean up their mess...
    every year.

  129. Nobody else here understands plants so.... by smiggly · · Score: 5, Informative

    First off, virtually all corn planted in the US is hybred. That means the seeds have to be grown in dedicated fields with the two types of parent corn planted next to eachother, and workers go out and pull all the tasels off the 'female' plants so that they cant selfpolinate and produce only seeds with the male plants as the polinator. the male plants are then killed and the female plants are harvested at the end of the season. They are seeds for planting. The plants they grow produce far more yeild, on stronger healthier plants with less fertilizer and pesticides then any other variety that is self polinating. So farmers buy these seeds and plant them. And they get great yields. But if they were to replant the yield, they would get sickly weak, low producing plants. Nobody plants self polinated corn, only hybred. And the only fields that need to worry about contamination are the hybred fields OWNED BY THE SEED COMPANY! They plant just plant beans around them.

    Beans are different. Beans are not hybreds because its just not economical to industrially produce hybred seeds. Beans self polinate, and ONLY SELF POLINATE! Its impossible to get your beans contiminated fron your neighbor's field because they dont disperse pollen. Each flower is contained, and they are not polinated by wind, nor insects. Its impossible to have pollen contamination unless you intentionally do it. This involves getting on your knees with a tiny brush and cutting off the stamen of the mother flower and then brushing on pollen colledted from a father plant flower on the pistil of the mother flower. This single flower will then produce a pod of beans containing a grand total of 3 seeds. You can do it in a lab and it only takes a few hours per plant (1 hour per 100 seeds). But because the plants are selfpolinating, the seeds from a normal farmer's crop are all true. He could simply replant them and never pay the money that was spend to develop the plant. (thousands of tries of combinations of plants crossbreeding them in a lab for an incredible amount of work. So the seed companies require famers not to replant their patented seeds. Some may want to anyway, and like any other form of illegial copying, the companies does, and has the legal right to, prosecute the copyright infringment.

    1. Re:Nobody else here understands plants so.... by Anonymous Coward · · Score: 0

      For all I know you created that corn, but for God's sake, it's spelled hybrId.

    2. Re:Nobody else here understands plants so.... by Morky · · Score: 1

      My first summer job at age 14 was de-tasseling corn for two bucks an hour. Not fun.

    3. Re:Nobody else here understands plants so.... by scumdamn · · Score: 1

      Sturgis Michigan, 12 years old (I lied about my age). Did it for four summers! It was both fun and awful at the same time. Cold mornings, hot afternoons, wet corn slapping you as you went by. Fun times, man.

    4. Re:Nobody else here understands plants so.... by Alsee · · Score: 1

      the companies does, and has the legal right to, prosecute the copyright infringment.

      Normally I heckle "richeous-defenders-of-IP". But you know what? Your post hit the nail on the head.

      These people are guilty of copyright infringment. Even a 9 year old child understands what property rights are, everyone here understands what property rights are, everyone here knows the law enforces property rights, everyone knows what the law says. And when somebody violates property rights, well the law must be enforced. I'm not sure we always need to make a criminal case out of it, but these people need to be nailed for copyright infringment.

      Perhaps I'm getting a bit overzealous, but people who switch sides often tend to be "guilty" of a bit of zeal. So let me be a proud new so-called "zealous-and-richeous-defender-of-IP". If these theives somehow manage evade their guilt for copyright infringment, I promise to be there right on the front lines lobbying for the law to be updated! Everyone knows what property rights are, and the law enforces property rights against theives. The law is what it is, it is what it always was. And if someone avoids prosecution because the law didn't actually say what it said, well, we simply need to change the law until it actually does say what it always said. And I promise I will not stop until these thieves can be successfully prosecuted for copyright infringment!

      Whoah! I feel like a completely new person! Hmmm, you know I suddenly can't understand why any idiot would want to attack property rights. They're so simple even children understand them. They have been the very foundation of civilization all the way back to the begining of recorded civilization. The law has always enforced property rights. It's not like we're trying to change the law, so I don't understand why we constantly run into rabble trying to fight us in congress all the time.

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:Nobody else here understands plants so.... by fingerfucker · · Score: 1

      First off, virtually all corn planted in the US is hybred.

      How am I supposed to take you for an expert in this field if you constantly say "hybred" instead of "hybrid"? How can all you're saying *not* be undermined by the fact that you do not even have full grasp of the specialized vocabulary used in the field in which you claim to be more knowledgable than many others on this forum? How? Tell me how? I wish so much that you were a trustworthy expert, but if it talks like a duck, walks like a duck....

    6. Re:Nobody else here understands plants so.... by Anonymous Coward · · Score: 0

      The trick to it is; for the sake of long term public good some types of property gradually slide from private to public ownership.

      That is something "the people" want. It's in the Constitution. We haven't figured out what kinds of property or what 'gradually' will mean. Hence the "rabble trying to fight us in congress".

    7. Re:Nobody else here understands plants so.... by Anonymous Coward · · Score: 0

      But he's just not an expert in agriculture right from the first sentence (hybred), right down to the last sentence he's and expert in the law too (copyright infringment)!

    8. Re:Nobody else here understands plants so.... by Alsee · · Score: 1

      You got it half right, but ass-backwards. Which always seems to happen when people fall into the "property" nonsense.

      For the sake of long term public good (you got that part right) some certain limited uses of some types of information are temporarily lifted out of their natural public-domain state. That is done as an incentive for the creator to create it in the first place and to contribute it to the public domain. For that limited time period a limited monopoly is created on those uses. When the period expires it all lapses back to the public domain from whence it came.

      And yes, according to the Supreme Court the fundamental and initial state of all information and writings and inventions is in the public domain. It requires a specifc act of congress to change that state, and congress does not have the power to make such change permanent.

      Your ass-backwards "property" rationalization implies that the expiration of copyrights and patents is somehow a taking from the owner, a taking done for the public good. If that were correct then such a theft would be unconstitutional. The government CANNOT engage in such theft except through due process AND paying you fair market value for it, like the government does when they seize land for a new roadway.

      As for the "rabble constantly fighting us in congress", that only happens when "we" are in congress trying to change and expand "IP" rights. The the feigned puzzlement at constantly battling the rabble was a dig at the fact that "we" are constantly in congress trying to change and expand "IP" rights.

      And just in case you didn't catch point of the whole post, it was a peice of satire revolving around the rediculous claim of copyright infringment. This is a patent infringment case. The gag was that now that I'm an ignorant-richeous-defender-of-IP that I promised to lobby congress for a STUPID law to expand copyright until this BECAME copyright infringment. An absolutely idiotic change to law, but as an ignorant-richeous-defender-of-IP I "know" that the law defends "property" and I "know" what the law is, even if I have to lobby congress to CHANGE the law to turn it into what I thought it was no matter how rediculous and broken that is.

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  130. I've got the solution. by GMFTatsujin · · Score: 1

    I'm going back in time and introducing intellectual property rights to the ancient mesoamericans. No more "we own all your corn now" bull from the biocorps; you pay the New Aztec Empire, or you JUST DON'T EAT.

    No more farmer-crushing works derived from free maise in the 21st century. No more feeding Europe and Asia for centuries at practically no cost. Mexico's economy will retroactively have gone through the roof.

    Or.. geez, this being /. maybe I'll just open source maise. Problem solved for everyone. (But what license? LGPL?)

    Note to self: remember to bring along a case of small pox vaccine.

  131. Roundup doesn't work that way. by Anonymous Coward · · Score: 0

    It's less toxic than nearly any other herbicide. Why? Because it isn't a harsh chemical, it is an acting organic compound. It doesn't affect animals at all for example. And it breaks down, unlike various weed killers you'll find.

    You'd much rather these people use this instead of other herbicides.

    Stop spreading FUD.

  132. old news by Kanasta · · Score: 1

    anyway, usually the seeds are sterilized before being sold to the farmers.

  133. nice to see this on slashdot by Anonymous Coward · · Score: 0

    This issue affects every single human on the planet. Namely, the fact that the very food they eat may be one day controlled by multinational food giants such as monsanto, adm, etc..

    So you have court rulings indicating culpability (only guessing because i did not rtfa) of the farmer in cases where there was natural cross pollination has occurred with Monsanto gm seeds. I could see how in some scenario, Monsanto could have set this up on purpose to guarantee their gm rights in the US and of course in the world through our trade bodies, but that's just a possibility.

    Growing food is one of the most basic aspects of a civilized society. It allowed us to move from a primarily nomadic pastoral society to a sedentary agrarian one. It is the very foundation for how we live our lives. For 3/4 of humanity, their food is grown locally by small family farms. These farmers must be able to use seed from year to year because their margins are incredibly small. Without that, they cannot continue.

    Now...think about it. These guargantuan food multinationals want power. Well..how the heck can they break into these small isolated markets when the farmers own all the land? By genetically altering the plants they grow to make them grow better/faster/stronger and resist local pests/pesticides. Of course this "seems" better to the farmers, the plants "appear" to be incredible.

    However, this smoke and mirrors act shows itself very quickly.

    Firstly, these genetic strains actually reinforce the very agents they are supposed to fight. It's kind of a species war. These plants can fight all the pests/pesticides for quite a few generations. But, at some point a bug will mutate to be able to get past that defence. Then of course it will be able to spread easily because the rest of the non-adaptive population will die out.

    Secondly, and even more insidiously, these companies then control subsequent plantings. This is terrible, because these farmers, who often have to take out a loan anyway to get the seed, now have completely lost their margin. They may grow a bit more, but the markets they sell to are small localized and balanced, and cannot easily make up for the additional capital costs. They very well could disrupt local markets. Now that farmer has lost rights to his own seed, he is beholden to a company every year for his livelyhood.

    Thirdly, since the farmer must now buy seed every year from the company, the seed does not get the generational ontological adapations required for each region and indeed each plot of land. The seed will never be "his" because each batch will have to be new. This is VERY bad, because as i mentioned before, if a predator comes that circumvents its defences, it will not have the strength and stability that many generations of growth would give it. As another poster mentioned, the monoclonal kill-off so to speak.

    Lastly you have the coup-de-gras, that a company's reach could extend to a method plants use naturally to ensure diversity and strength, namely pollination. This process is basically Darwin's evolution for plants. It really is what ensure's that the earth's plants adapt and become stronger with each generation. Monsanto can now sue a farmer for cross-pollination from a contracted neighbor. Doesnt seem very likely that any peasant farmer could stand up against Monsanto, so what happens? THEY LOSE THEIR FARM. Hmm...wonder who would be interested in buying it..maybe MONSANTO?

    This is, pure and simple, corporate evil in it's purest form. Monsanto pays millions of dollars a year to lobbyists who go to Washington to fight bills regulating gm products. We need to voice our support to our elected officials for gm regulation and control. Let them know that we value the family farm, the sanctity of millenia old farming practices throughout the world, and the power of farms to keep control of their own generations of seed. The quality of life of every human being depends upon these innate basic rights.

    Let's hope foreign governments are able

  134. In a not so far future. by famazza · · Score: 1

    They'll sue your for having grandchildren.

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  135. There is worse to come by wooger · · Score: 1

    Companies like monsanto are developing seeds that when grown will produce grains/seeds not capable of growing. No seed can be reused, & the farmer is tied to the seed supplier for good.

  136. That's great, by StarKruzr · · Score: 1

    but that "don't buy it if you don't like it" argument becomes quickly untenable when every manufacturer of every similar type of product has the same terms.

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  137. Replanting For Personal Use? by Anonymous Coward · · Score: 0

    If I'm a subsistance farmer (growing food to feed me and my family, not to sell) will that fall under some personal use clause similar to allowing me to make duplicates of my CDs?

  138. This aside... by BrokenHalo · · Score: 1

    In any case, F1 progeny of many genetically engineered crops are essentially sterile.

  139. Genes can move by themselves by caseih · · Score: 1

    As far as the issue of somehow owning genes go, well, genes can and do travel by themselves in nature. For example a few years ago very small percentages of the seed canola grown on my farm did test positive for the Monsanto gene. This monsanto variety had never been grown before on my land. The nearest field was over 4 miles away and several years previous. Yet the gene persisted somehow and was introduced into my crop. So obviously Monsanto can't hope to keep control over this gene in the long run. But they can badger farmers in the short run.

    On another note, much of Monsanto's seed development includes the creation of roundup-ready plants, as well as creating crops that cannot reproduce. I'm not terribly afraid of GMO, but I think we should really think seriously about what Monsanto is doing. If, on one hand, we produce crops that are resistant to the only herbicide that kills every thing then we are pretty much creating a super weed. On the other hand, if we make seed sterile, then we are locking many developing nations into being forced to buy seed every year. Then to sue people to boot... I think hard questions need to be asked of chemical companies in general, and genetic manipulation of our crops.

    1. Re:Genes can move by themselves by Anonymous Coward · · Score: 0

      "So obviously Monsanto can't hope to keep control over this gene in the long run."

      Patents expire anyway.

  140. Now.. I know you guys kinda opposed to socialism.. by tobe · · Score: 1

    .. but don't you think this is exactly the kind of thing that we just have to take from the people who developed it and give to all mankind ??

    I mean really.. can we honestly sit back and allow a corporation to dictate the terms of survival.. to put a cash value.. to look for shareholder value from developments that might conceivably raise such a large proportion of the the world out of subsistence poverty... ?

    And why aren't our governments beating these guys to these kind of developments anyway ? We just put a probe on a moon a gazillion miles away.. why aren't we throwing the same kind of money into a more nutritous grain of rice for everyone down here.. open source genes..

  141. The Merchant of Venice by AtomicBomb · · Score: 3, Insightful

    Monsanto always make me thing of the moneylender in the Merchant of Venice:
    The moneylender can take one pound of flesh without blood or hair, from the borrower.
    Similarly, Monsanto should be able to the protect its magic gene, but not anything more.

    If they can enforce their IP just to that gene but not anything else go for it. They are overly greedy and ignore (or forget) the fact that 99.99999% of the plant is contributed by the mother nature and generations of farmers who adopt the selective breeding technique (keep only the seed from a good and strong plant). To me it is a bit like adding a proprietary extension to Linux and claim the whole lot belong to yours. So sad that God forgets to sign GPL with Man ;)

    1. Re:The Merchant of Venice by Mmm+coffee · · Score: 1
      To me it is a bit like adding a proprietary extension to Linux and claim the whole lot belong to yours. So sad that God forgets to sign GPL with Man ;)
      Reverse that. Man chooses not to honor the terms of the GPL god used, so to speak.

      Mankind sucks.
    2. Re:The Merchant of Venice by Fjandr · · Score: 1

      God: Hmm, maybe I should rethink those giant, carnivorous plants again.

  142. Terminator had problems because... by ttroutma · · Score: 1

    People Freaked Out about the terminator gene over this 19th century public understanding of farming that farmers actually save seed and replant. Many reasons this is not common, hybrids don't produce true seed, chemically treated seed, etc.

  143. Parent is Incorrect by gerf · · Score: 4, Interesting

    They sued an old man who tested to see if his canola seed (non-Monsanto variety) contained traces of the Roundup Ready canola variety, by spraying a small section with Round-up. It lived, and thus contained Monsanto's patented genetics. He did not ever plant this variety, but instead had gotten these traits from windblown pollen in previous years, from others' fields.

    However, it was ruled that he's responsible for these traits appearing in his field, despite never using them, and not having a way to prevent them from appearing. He can't control pollen travelling through the air anymore than anyone else. But he's still responsible for some stupid reason.

    However, I don't think this would fly in the US. Why? Well, first of all, Canadians tend to do this type of litigation. You know how there's a premium for CD-R's, DVD-R's and other recordable media that is paid to artists, with the assumption that piracy will occur? Well, it's pretty much the same deal here, and will end up the same way such litigation and legislation has in the US.

    1. Re:Parent is Incorrect by will_die · · Score: 1

      Don't just read the report the guy being sued put up, read court case and any intellectual honesty shows why they won.

    2. Re:Parent is Incorrect by gerf · · Score: 1

      He didn't put it up. He's a farmer who doesn't write reports about this. He just went to court to prove a point. I've been reading about this since it started, so piss off.

  144. Re: The story is... by Zeromous · · Score: 1

    Actually this is corporate fascism is it not? Not quite communism...

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  145. evil way to profit by serano · · Score: 1

    1. Create GM version of common crop and patent.
    2. Be sure plant is extremely hearty and aggressive.
    3. Let new plant wipe out all natural competition.
    4. Profit

  146. Contaminated by LentoMan · · Score: 1

    There is a really good video about GeneMod food here: http://www.gnn.tv/videos/viewer.php?id=21&spd=hi

  147. Contract Law by the+eric+conspiracy · · Score: 1

    Reading the comments on this article makes me despair. This farmer is not being sued for patent infringement or any other IP law violation. He is being sued for breach of contract. He bought Monsanto seed, planted it then planted the seeds from the resulting crop. He also agreed to a CONTRACT with Monsanto that he would not do this. It is not a case of wind-blown pollination resulting in a legal action for patent infringement. It is a simple case of somebody breaking a freely entered into contract and getting sued for it.

    Come up with a story of a farmer being sued for the results of accidental polination under patent law and then you might have something to complain about. This isn't it.

    1. Re:Contract Law by Anonymous Coward · · Score: 0


      "Come up with a story of a farmer being sued for the results of accidental polination under patent law and then you might have something to complain about."

      It's widely believed that this has happened. In fact, it has not happened. The only people who have been sued by Monsanto, are those who signed contracts with Monsanto and then breached them. Perhaps an illiterate farmer can be duped into signing a contract, and perhaps sympathy is due, but the idea that you can lose your property and be hauled off to prison if someone else's seeds or pollen reach your crop is a great exaggeration.

  148. kinda old news but still upsetting by jshriverWVU · · Score: 1
    I remeber hearing about this last year on CNN or another major network.

    Apparently a farmer next to another field who used one of these seeds had a couple crops come up along side the road on his farm. He was then sued for unlicensed seeds, even though they where grown via natural scatter (wind, birds, etc).

    So does this mean farmers are starting to feel the same patent problems of the software industry? IT's funny, while companies have to dig threw all of their code and spend millions making sure they're not "re-inventing/using" something that some random company might have patented... farmers might literally have to walk around their entire farm checking each plant to see if it's not bio-patented.

    If anything this gives a great example of how messed up the whole patent system is, if you needed to describe it to someone else.

    1. Re:kinda old news but still upsetting by Anonymous Coward · · Score: 0

      "Apparently a farmer next to another field who used one of these seeds had a couple crops come up along side the road on his farm."

      That's a wonderfully spun exaggeration. The farmer took a few truckloads of seeds from a neighbor who had signed an agreement with Monsanto, and used them to grow a crop. Hardly "one seed", and hardly "an accident."

      A farmer got greedy, broke the law, and now whines to the press about how the evil corporation (which is *is*) is mistreating him and playing God.

  149. Ad if the shoe's on the other foot... by Anonymous Coward · · Score: 0

    I can well imagine Monsanto has long since joined in the corporate chorus crying for tort "reform" to protect themselves from any suits from John Q. Littleguy if there's some adverse effect or other from their "Frankenfood".

  150. This is news? by Fjandr · · Score: 1

    It's been public knowpedge that Monsanto has done this for years. They create poison-resistant strains so as to better produce yields from nutrient-stripped toxic soil. They sue into oblivion those who even accidentally use their seed (through cross-pollination).

    They are also part of the group behind suing dairy farmers and packagers who actually have the audacity to advertise that they don't use rBGH in their cows. Thanks to American jurisprudence, they have been successful in Vermont, Texas, and several other states in preventing companies and individual farmers from advertising a FACT that many people find particularly salient in their purchasing decisions.

    1. Re:This is news? by Anonymous Coward · · Score: 0

      "They sue into oblivion those who even accidentally use their seed (through cross-pollination)."

      Contrary to popular belief, Monsanto has not actually prevailed in litigation against anyone who "accidentally" planted their seeds. all of their court cases have been against people who signed agreements with the company. Shame on anyone who does that.

    2. Re:This is news? by Fjandr · · Score: 4, Informative

      Normally I don't reply to ACs, but this deserves comment.

      It is patently false that Monsanto's lawsuits only target contract holders. They sue every farmer who saves seed from the same crops as Monsanto-owned crops within the same geographical area.

      A quick search turned up Monsanto v Schmeiser, a Canadian farmer kept from growing canola because he chose to save seed from his naturally-produced strains which became crossed with Monsanto-owned strains. It is an impossibility to prevent cross-pollination in most uncontrolled environments, thus the burden should be on Monsanto farmers to prevent pollen drift, rather than those whose crops are infected.

      Monsanto puts farmers out of business with their predatory legal practices, plain and simple. They force their way into markets that they otherwise can't access by suing farmers who won't buy seed every year. If they can get one farmer in a geographical area to sign up, pollen and seed end up contaminating all same-species crops in the area, making seed-saving illegal. Shame on anyone who does that.

    3. Re:This is news? by Anonymous Coward · · Score: 0


      "Monsanto puts farmers out of business with their predatory legal practices, plain and simple."

      Farmers -- you mean, those people who tend to own rifles, and don't really have much to lose? Brave, whoever crosses them into life-or-death issues.

    4. Re:This is news? by Anonymous Coward · · Score: 0

      >Monsanto v Schmeiser

      Schmeiser is attempting to use popular misunderstandings and contempt for Monsanto to become $10 million richer. The matter is not settled. Schmeiser is not "sued into oblivion", at least not yet. And this speaks to the failure of the Canadian legal system to protect its citizens. Wasn't Canada supposed to be some sort of political utopia?

    5. Re:This is news? by Fjandr · · Score: 1

      You're quite correct that Schmeiser wasn't sued into oblivion, but only because of his particular circumstances. He's one of the few who have managed to keep the resources together to actually fight.

      I'd like to see him get $10 million richer at Monsanto's expense. He's been saving seed since the 1950's, and Monsanto's practices should not have forced him to stop. And he certainly has lost a lot of money as a result of the litigation. Canola is a much more profitable crop than wheat. Since he won't do anything other than save seed, as he's done for 50 years, he can no longer grow canola in an area where cross-pollination is guaranteed.

      Yes, it does speak of the failure of Canada's legal system. This particular failure is also inherent in the US legal system, as the burden is on farmers not involved with Monsanto to prevent contamination. Even if Monsanto pays to clean up the contamination, the farmer still loses all his seed and must purchase more stock from somebody EVERY year. This is not a good thing. This isn't even close to acceptable.

      Canada's no more a political utopia than the US is. They're both fucked up, the fucked-up-ness just differs in certain areas while being the same (or similar) in others.

  151. My dad... by wannabgeek · · Score: 2, Funny

    I just hope my dad hasn't produced me under one of those contracts. We're expecting a kid and now I'm scared!

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  152. The danger of monoculture by Hamfist · · Score: 1

    In the late 19th century, more than a million Irish diead because their entire food structure was built on a specific breed of potato. All of those potatoes died, and so did a bunch of Irishmen.

    Imagine a Monopoly in seeds. Gives a whole new meaning to the thoughts of 'Virus'

    For more on the Irish Potato Blight, check here
    http://www.people.virginia.edu/~eas5e/Irish/Famine .html

    1. Re:The danger of monoculture by ArtStone · · Score: 1

      The same thing happened to French grapes when the phylloxera (aphid like insects) was imported as a passenger on some North American cuttings in the 1860s. The European grapes were only saved by grafting the European vines onto European root stock and creating resistant hybrid stock.

      Hmmm... can we blame Monsanto for this?

      http://www.arlindo-correia.com/060904.html

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    2. Re:The danger of monoculture by Hamfist · · Score: 1

      I'm not blaming Monsanto for anything. What concerns me the most about Monsanto is that they are currently leaders, and are doing what most every large corporation tries to do: create a monopoly.

      Imagine a Microsoft style monopoly on, for example, wheat (which Monsanto has round-up resistant versions of). Along comes a 'virus' and 96% of the wheat on the planet dies.

      The fault would not be Monsanto's, it would actually be the Intellectual Property laws that allowed Monsanto to take control. I don't regularly blame companies for anything, as corporations will always try to behave in their 'best interests'. The problem is the creation of a 'monopoly' (the definition of what patent and copyright give) with respect to things like genes and plants.

      I know all about phylloxera, as I live in Chile where most of the grapes survived :) Good wine here.

  153. Re: The story is... by Fjandr · · Score: 1

    I'd say the only difference between the two is the entity claiming ownership. The little people would see little difference.

  154. Corn-lumbiana Negra by bman08 · · Score: 1

    These farmers should take a lesson from South American coca farmers who have created a large-scale informal distributed selective-breeding program that has, over the last couple of years developed round-up resistant coca without the aid of genetic engineering. There was a wired article a couple of months back that I'm too tired to track.

  155. Thank you very much by theblacksun · · Score: 1

    Mod this sucker up.
    I have a small amount of plant breeding knowledge, and I was wondering why the hell it mattered; by buying non-hybridized seeds the farmer would have lost money over the yield of his crosses if the above wasn't true.

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    Ignorance kills, complacency kills, hatred kills, but usually not the ones guilty of them.
  156. More Complicated Than That by Murf-Dawg · · Score: 2, Insightful

    This sounds horrible, until you think about what Monsanto et al. are really trying to control. The US public has made it very clear that many do not want to eat any genetically modified food. If well-meaning farmers can replant the crops whenever and wherever they want, Monsanto et al. cannot guarantee that the public isn't getting genetically modified crops in their food. That could open up a whole new round of liability for the companies.

  157. You Should Read About Vandana Shiva by webfiend · · Score: 1

    She's a particular hero of mine, and has been fighting Monsanto for years (as well as a number of other companies with similarly questionable practices). I happened to catch a lecture of hers on local access television, and was fascinated. Of course, I'm a nerdy geek, so strange things fascinate me. Here's some links to some interviews with her over the years.

    Eh, just go to Google and look her up. You'll find loads of stuff, as she is a very busy woman.

  158. Re: The story is... by Zeromous · · Score: 1

    Well the idea of communism is the opposite concept, but equal in implementation.

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  159. Seed Costs by Anonymous Coward · · Score: 0

    Interesting info, this years corn harvest prices were so low that to buy ONE bag (roughly 20kg) of Monsanto seed corn for next year, you would have to harvest 2 tons of planted corn.

  160. monsanto's handy work by Anonymous Coward · · Score: 0

    http://www.colombiamobilization.org/article.php?id =89

    A month before Wellstone was doused with Roundup, Colombian indigenous leaders visited Congress to personally speak out against the fumigation: "The twelve indigenous peoples have been suffering under this plague as if it were a government decree to exterminate our culture and our very survival," said José Francisco Tenorio, the only leader who was not afraid to use his real name. "Our legal crops -- our only sustenance -- manioc, banana, palms, sugar cane, and corn have been fumigated. Our sources of water, creeks, rivers, lakes, have been poisoned, killing our fish and other living things. Today, hunger is our daily bread. In the name of the Amazonian Indigenous people I ask that the fumigations be immediately suspended."

  161. Genetic Modifications Hold Food Supply Hostage by Anonymous Coward · · Score: 1, Informative

    This is an extremely important issue because it appears that no one has taken into account the viral aspect of the Monsanto seed. The fact that Monsanto created a line of genetically modified seeds that are resistant to Round-Up is immaterial. Any hack of a lab could create some useless genetic trait and then patent it. Then also make sure that the seed easily cross pollinates so that their IP gets distributed to every seed on the face of the planet. Next thing you know every farmer in the world owes them money just because they were big enough asses to infect the world's food source with their modification.

    Companies should not be able to patent genetic modifications to seeds unless they can prove 100% that that modification is not transferable through cross pollination.

  162. just a quick note by rock_climbing_guy · · Score: 1
    For those of you who are reading into this that someone went to jail for refusing to pay up to Monsato, the guy went to jail because he lied about hiding a truck-load of seeds from the investigators.

    Likewise, I'm sure you could go to jail for lying to investigators about any other crime, such as producing a bunch of pirate Windows CDs.

    --
    Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
  163. do you really believe this is the problem? by Anonymous Coward · · Score: 0

    You assert the problem is that the seed replicates itself and that Monsanto makes people sign away the rights to use that feature. You assert that if Monsanto fixed their seed to not replicate, the problem would be gone.

    So, let's do a little thought experiment. I wave a wand and the plants no longer produce seed. The problem goes away, the farmers must buy seed each year. Are you happy with Monsanto now?

    What do you mean no?

    Try to consider what your position is on something and make an argument that aligns with that.

    If you are just a plant communist (to use BillG's phraseology), then just say that you are against Monsanto charging for their modified seeds. This seems to be the real thrust of most people on slashdot, I would suspect yourself included.

    1. Re:do you really believe this is the problem? by LordLucless · · Score: 1

      Plants producing seed isn't the problem; it's them producing fertile seed that's the problem. It is possible to have a sterile plant, one that grows normally but cannot reproduce, just as it is possible to have a sterile animal. I have no idea how hard this is to accomplish artificially, but then, I really don't care. If Monsanto doesn't know enough about genetics to do protect their developments, then they should never have started tinkering with it in the first place.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  164. Re: Go directly to Jail! by Anonymous Coward · · Score: 0

    Insiders within the WH misinformation ministry report that operatives have reached agreement with Monsanto and the FBI, who will be watching all farmers and consumers closely, with highly sensitive bugging devices. It is said that final negotiations will be completed during special behind the scenes negotiating booths being set up at the upcoming presidential inaugural festivities.

    It is said that any one who farts as the result of eating Monsanto GM-beans will be arrested and required to do 10,000 hours of community service at corporate headquarters and forced to pay to the full extent of the law.

  165. Hybrid pollination causes Bad Things (tm) by SleezyG · · Score: 1

    There is more at issue here than terminator genes or contacts that forbid farmers from saving a portion of their harvest for seed. What most farmers grow are seeds specially created from almost 100 years of trial and error. This process discovered that the cross-pollination between two particular varities of say, corn, produces a seed that will grown into great-tasting, pest resilient corn. HOWEVER, it is not true that seeds produced from this new great corn will be the same. You now are pollinating a hybrid with itself, which causes undesireable genes that were previously surpressed to become dominant. Kinda like siblings getting married and having chrildren. It produces undesireable offspring and is illegal for their own protection. The only way to guarantee more of the same great corn is for the "parent" strains to cross-pollinate again and again.

    The contract exists to 1) protect a farmer ignorant of genetics from himself and 2) protect the company if the farmer plants the seeds, gets undesireable results, and sues. Mr. Farmer didn't follow the directions, case dismissed.

    1. Re:Hybrid pollination causes Bad Things (tm) by adamdeprince · · Score: 1

      Let me understand you correctly; the benevolent corporation is only interested guiding the farmer to the self evident conclusion that being separated from their cash is far better than a bad crop.

      I applaud that they are extending the tradition of altruistic interest on the part of the corporation for their vulnerable consumer class. Let us consider other noble endeavors.

      DRM; Copying your music is fraught with risk, such as CD coasters. Only corporate stamped CDs will suffice.

      Car computer codes; Repairing your own car is very dangerous. You must be protected by allowing only a corporate approved dealer do anything useful, such as open your hood.

      The Mob; Buying protection is in your best interest ... need we say more?

      And lets not forget the ultimate protector of the innocent and easily confused consumer class; John Harvey Kellogg, of the Corn Flake fame, who sought to save all of humanity from the horrors of hairy palms and acne by lopping of little bits of little boys and girl's private parts.

      You can't have it both ways. Either GM crops are safe, or they arn't. Which is it ... from what you say, it seems that later is true. Your efforts to explain come across to the cynical as noting more than a protection racket

  166. I just joined the anti GM camp. and Monsanto evil. by guidryp · · Score: 1

    I never worried about franken food that much, but this is just plain nuts. This is reason enough to lobby for GM labeling in Canada. This is just so sick.

    Monsanto takes the evil corp cake, if you want to see some of their other antics you have to watch a documentary called "the corporation" where monsanto got a story about BGH quashed. The fun part is watching the reporters story about how they kept trying to run the story for about a year until they were finally fired.

    After seeing it I am glad they don't use BGH in Canada.

  167. The difference is... by ckaminski · · Score: 1

    One's plausible, the other is not.

    1. Re:The difference is... by Anonymous Coward · · Score: 0

      Which one is not plausible?

      No really, they did sprinkle onto my computer!

  168. Re:Monsanto has a point. -- NO THEY DON'T! by Anonymous Coward · · Score: 2, Insightful

    You're missing the bigger issue here. The problem is that Monsanto CAN NOT insure that their genetic modifications will not infect other crops through cross-pollination. That's the problem. That's why the Supreme Court was short-sighted and messed up when they allowed companies to patent genetic modifications to plants.

    For example, let's say you are a soybean farmer who decides he's going to hold off from buying the Monsanto seed because you don't like the license terms. But every farm around you does buy the seed. And at the end of the year, you save a little seed for the next year. And the next year you decide that you still don't want to use the Monsanto seed because you already have seed. So you plant and everything seems fine until you get a served papers because Monsanto is suing you for using their seed. And you're confused because you never bought any Monsanto seed. See that's the problem. Through no fault of your own, your natural seed has now been infected with Monsanto's genetic modifications. Is that your fault? Monsanto's the one spreading a virus.

    This could very easily lead to the complete elimination of seeds that are unmodified genetically. Monsanto is criminally neglegent for not insuring that their genetically modified seed does not infect ungenetically modified seeds.

  169. You missed the pont. by Anonymous Coward · · Score: 0

    So, people do not NOW. However, we require that all farm-grown seed be replantable should some disaster (or plague) distroy the seed production mechanism.

    Basically, if a plague is released that attacks the seeds in the factory, maybe the crossbreading will result in a plant with sufficient hybrid vigor to survive the plague. Result: farmer can still produce one third of a crop on average.

  170. Re: Its the Republican Way by Anonymous Coward · · Score: 0

    Now your catching on. For each bag of seed a small contribution is made to the Republican party. If money is to be made, its ethical.

  171. Sure, and you can kill people with your car too ! by anti-NAT · · Score: 0, Troll

    I buy them, I own them, they're mine. I can do what I like with them.

    So, does owning your car give you the right to do anything you like with it, including running over and killing your neighbour if you don't like them ? Surely you don't belive owning something gives you the right to do anything you like with it ?

    --
    The Internet's nature is peer to peer - 20050301_cs_profs.pdf
  172. You're absolutely right. by Spy+der+Mann · · Score: 1

    Genetics isn't an INVENTION of man. Man uses something that already EXIST. And this is SELF-replicating. You can't patent something that will REPRODUCE ITSELF.

    Patents are for machines.

    1. Re:You're absolutely right. by dampjam · · Score: 1

      Actually, it's a big debate right now. Companies ARE allowed to patent genes, including ones found in humans that they discover.

  173. Brians? by hhawk · · Score: 1

    These are high yield highly specialized technology; where is the FSF (free seed foundation?)

    It's harder to tell who is more stupid; Monsanto for thinking they can get farmers to sign these contracts or the farmers who signed them.

    That said, if they are sueing people who didn't sign, and who are victims of cross pollentation that must violate some law about bio tech?

    Now if your neighbor buys the seeds and you buy/get the seeds from him and plant them; that is theft and receiving stolen goods.

    --
    http://www.hawknest.com/
  174. Re: The story is... by Fjandr · · Score: 1

    They're opposites like two rapists fighting over a bound victim are opposites. The rape still occurs no matter who wins.

    *shrug*

  175. The try to genetically engineer infertility by tallbill · · Score: 2, Interesting

    A lot of agro-business seeds will not produce the same kinds of flowers in a second generation.

    Also agro-business seeds often will be infertile in a second generation.

    The large Agro companies get huge tax writeoffs. They get large subsidies. Meanwhile they buy up smaller seed producing companies and then stop selling the old line seeds that will polinate and reproduce themselves.

    This has been going on for a long long time.

  176. Countersuit by Foobar+of+Borg · · Score: 1
    Not so simple- if your NEIGHBOR buys their seed, and you have the same type of crop, cross pollination by the wind could turn you into an Intellectual Property Pirate.

    If this were the case, I would countersue them claiming that their GM plants had infested and infected my pure natural plants. If you are a certified organic farmer, perhaps this would be even easier.

    They are a bunch of mindless jerks who will be the first against the wall when the revolution comes.

    1. Re:Countersuit by Marxist+Hacker+42 · · Score: 1

      The test case in Canada tried this- AND LOST! So, nice try but nope.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  177. Why they're really suing... by Joe+Lawyer · · Score: 1

    Because of the short product cycle they have. Any gene improvement they make will become ubiquitous and nullify the patent in 10 years or so. What to stick it to Monsanto? Buy their seed corn and ship it overseas for charitible use in needy nations. Let them enforce their patent in BF Eygpt instead of tying up the court here.

  178. Monsanto in GE bribery scam by blackhaze · · Score: 5, Interesting

    Monsanto, one of the world's largest producers of GE crops, has been ordered to pay criminal and civil charges totalling US$1.5 million for bribing an Indonesian government official and concealing the payment as consulting fees.

    More at: http://www.greenpeace.org.au/features/features_det ails.html?site_id=45&news_id=1581

    1. Re:Monsanto in GE bribery scam by Alsee · · Score: 1

      bribe to an official in the Ministry of the Environment to get him to repeal a requirement for an environmental impact study the company needed before it could cultivate GE crops.

      Who here wants to bet that the impact study would have cost more than the fine, and that Monsanto wound up profiting from breaking the law AND paying the fine for doing so?

      No, it's not against the law for me to park in a handicap parking space. If I'm in a hurry and it's worth it to me then it's perfectly legal so long as I'm willing to pay the fine^H^H^H^H fee for doing so.

      No, it's not against the law for a company to violate anti-trust law, so long as they make enough profit to cover the fine^H^H^H^H fee for doing so.

      No, it's not against the law for a company to kill some percentang of it's customers, so long as they make enough profit to cover the settlement fees from the victim's families.

      Unless I'm mistaken bribery is a criminal act. Shouldn't we be looking for someone at Monsanto to be going to prison? I know, I know, that's an almost Un-American suggestion. But heay, I'm sure Martha Stewart wouldn't mind the company.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  179. Sure they can protect it.. but what if by Bruha · · Score: 1

    Some farmer gives them the finger and flies a plane over everyone's crops randomly spreading the engineered seed. They may be able to prosecute him but I doubt they'd ever be able to weed out their seed from those crops.

    It used to be that companies would engineer rice to grow in more dry conditions for 3rd world countries.. but I guess their greed forced them to stoop to this.

    1. Re:Sure they can protect it.. but what if by TheLink · · Score: 1

      That farmer would probably be prosecuted under the varous anti terrorist laws etc etc.

      --
  180. MOD PARENT DOWN by quetzalc0atl · · Score: 5, Informative

    i dont know who told you this, this is completely off base. roundup (glyphosate) degrades over a period of 3 months into ethylamines. many microorganisms will then turn those into CO2, not nitrogen. infact, glyphosate has been found to inhibit anaerobic nitrogen fixation in the soil.

    glyphosate is an amino acid analog designed to inhibit enzymes needed for neogenesis (the target supposedly being 5-enolpyruvyl-shikimate-3 phosphate synthase) of the plants amino acids.

    while glyphosate has not been found to be harmful to humans, the inactive ingredient surfactant (which makes up 15.0% of roundup), polyoxy-ethyleneamine, IS known to be toxic to humans and is typically contaminated with dioxanes (as a byproduct of the formation of it) which is a known human carcinogen.

    1. Re:MOD PARENT DOWN by papaZ0rgl · · Score: 2

      Much like global warming, the whole genetically engineered crop scare has a whole lot more to do with irrational thinking than real science.
      yes and we can clearly see the scientific precision of your arguments as opposed to the grand-parent "irrational" comment.
      And for sure eugenics scare people. As a pseudo-scientific justification of nazism it had to !!!

    2. Re:MOD PARENT DOWN by Anonymous Coward · · Score: 1, Informative

      From here:

      # Persistence and Agents of Degradation:

      Glyphosate remains unchanged in the soil for varying lengths of time, depending on soil texture and organic matter content. The half-life of glyphosate can range from 3 to 130 days. Soil microorganisms break down glyphosate. In tests, the surfactant in Roundup has a soil half-life of less than 1 week. Soil microorganisms break down the surfactant.

      # Metabolites/Degradation Products and Potential Environmental Effects:

      The main break-down product of glyphosate in the soil is aminomethylphosphonic acid, which is broken down further by soil microorganisms. The main break-down product of the surfactant used in Roundup is carbon dioxide.

  181. Re:Patent office? Yes, I'd like to patent life its by happyemoticon · · Score: 1

    I'm pulling this from "The Corporation," but I recall that any form of life except a human being IS patentable.

    Sure, of course it's wrong. But it doesn't really matter that it's wrong, it's law. If you want the law struck down, bring the case before a court and argue persuasively, or start worming your way into the hearts and minds of legislators. That's all we can do.

  182. I.P. on DNA? by 10000000000000000000 · · Score: 1

    You can't patent a chemical, right?

    you can only patent the process for creating/refining that chemical.

    DNA is still an acid, is it not?

  183. A threat to food security by sahmed · · Score: 1

    In a lot of poor countries Monsanto seeds are banned for exactly this reason. It is a threat to the food security of the country. US/Canada where there is easy access to credit the problem might not seem very acute, but in poor countries like Bangladesh or India, one bad crop and the farmer won't have the resources to buy seeds for the next season. It's a manmade famine in the making.

    Most intellectual property laws are to the detriment of poor countries. Simply a new form of colonization.

  184. Whaaa?!? by spungebob · · Score: 2, Interesting

    How is it that a "Dr. GeneMachine" can't tell the difference between a "pesticide" and a "herbicide"?

    Every time I've used Roundup it killed the plants deader than dead. Didn't seem to bother the bugs much, tho...

    --
    It takes an idiot to do cool things - that's why it's cool!
    1. Re:Whaaa?!? by Dr.+GeneMachine · · Score: 1

      D'oh... Shouldn't have posted in the middle of the night... and cut back on the beer. You're right, of course.

      --
      This comment does not exist.
  185. Even better... by Forbman · · Score: 1

    Scott, the big turf company, is working hard to try and get Roundup-ready bent grass seed into the market. They've had the same problems with seed getting out into the wild (i.e., into and past their buffer zone areas around the test plots and production evaluation fields in Central Oregon far more than they anticipated). Naturally, the Willamette Valley, arguably the principal grass seed growing region in the US, if not the world, is not too happy about this.

    But at least plans for Roundup-Ready wheat have been shelved indefinitely.

    Read up about it more on the Capital Press website: http://capitalpress.com/

    The problem I have for it is that Monsanto essentially has pushed ALL liability for the use of its GM seed onto the farmer, as well as leaving the burden of proof of innocence on the farmer. It *should* be that Monsanto has to prove that the farmer intentionally kept the seed after production.

    What it really should be is that once the seed leaves the seed warehouse and is stuck into the ground, it's out of Monsanto's control.

    Or perhaps they should just then figure out how to get Roundup-ready genes to be passed into hybrids, which inherently on their own typically have less vigor the next generation or two later.

    If a smart farmer has essentially developed their own localized, optimized blend of seed over 20 or 40 years, *NEVER* bought RR seed from Monsanto or worked land that had it recently and some of it has been introduced through no action of the farmer (how's he supposed to kill it off, because it's roundup-ready!), and Monsanto can essentially declare the farmer a thief and force him to destroy his life's work?

    That is completely fucked up.

  186. Here's another reason the seed is so expensive by DaoudaW · · Score: 1

    Looking through Froogle for RoundUp Ready soybeans I came across this report . How does $4500 for a 218 page report strike you???

  187. e-z workaround by davidwr · · Score: 1

    You grow GM corn for cattle feed. So does your neighbor.
    You buy his "cattle feed" corn and plant it. He buys yours.

    OK, that's probably going to get you into hot water, but if you buy "cattle feed" corn on the open market and just happen to "change your mind" and use it for seed, no licensing agreement is going to stop you.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:e-z workaround by Anonymous Coward · · Score: 0

      >no licensing agreement is going to stop you.

      You do understand we're talking about a patent, don't you? The big problem is that you'd be in violation even if you didn't know it. Even if you'd never heard of Monsanto. Even if you live in a part of Indonesia where everyone is illiterate and doesn't know one seed from another, or can grasp the concept of a genetically modified crop -- but the government still observes the patent protection.

  188. Not quite a ton... by gerf · · Score: 1

    It's more like a quart an acre. And that's diluted with a lot of water before spraying. And that is sprayed long enough before a rain for a.) the spray to dry, and b.) the spray to absorb into the foliage.

    If you've ever seen how little of the very diluted spray ends up on the ground you'd be amazed. In fact, it usually dries within a minute of hitting the ground, it's such a fine mist. Also, as has been said below, it quickly degrades harmlessly. Also, even if it was consumed in larger doses, it's not very toxic to animals at all.

  189. Re: The story is... by Zeromous · · Score: 1

    well said.

    --
    ---Up Up Down Down Left Right Left Right B A START
  190. preventing the ecocaust by zogger · · Score: 5, Insightful

    --I have some of those "gene bank" type seeds, in a way anyway. Bought several large sealed cans of various open pollinated seeds. I keep those just packed away, and use other open pollinated for my season to season garden crops. some are many years old, lost track of when I started breeding them now.. It's a "just in case" deal, and eventually I hope to be able to build a pretty large tight greenhouse with decent air filtration and airlock styled entrys for it. Just for that purpose. Cross pollination is an extreme threat though,generally speaking, as is cross species contamination (it's happened already) and just wait until they get "terminator" gene modified seeds out on the market. They were going to do it, public outcry got them to back off just a little bit and "just do research" but it's only a matter of time now before they bribe off enough legislators to get it legal to distribute.

    I think it's one of the larger threats facing the planet. People think about nukes or terror attacks or whatnot, but I think mucking around with the planets food supply with GM products will eventually result in some rather nasty disasters. I simply *don't* trust those industries spokesmodel scientists to be anywhere nears truthful on the subject. IMO, they are simply too blinded by economic greed to seriously acknowledge the inherent dangers in what they are doing. We've seen the same arrogance and public assurances of "safe" with any number of past "new shiny and improved" products that turned out to be not so swift. Just generally speaking now, could be anything, thinking that just relocating species to brand new areas was a good idea (carp, english sparrows, kudzu, etc). Releasing chemcicals for various purposes, medications that turned out to be more harmful than good or had unintended side effects, etc that were missed in the "scientific testing".

    I am sure they are intellectually aware of it,back to these various GM modded plants, but that itch for buckets of scratch is just too strong for them to ignore. I know they are capable of creating most anything now, and I have read some amazing claims on what they can do with them, make new medicines, etc, but still...I just don't know if *they* know way down the road how things will turn out. Here's a good analogy, well, good enough for slashdot purposes. Look at software code, people can look at it and use it for awhile and it seems fine, perfectly ok, then one day someone does something just a tad different and POOF a large vulnerability is exposed. With code (in most cases), it's not that big of a deal, it just gets fixed, but with live growing things? Wind blowing pollen around, trucks hauling stuff hither and yon...it could get messy. Look at down in Louisiana now, the last batch of hurricanes brought up a nasty disease that's spreading all through the soybeans now. Stuff happens, planetary wildcards happen. I think with "food" they should go real s-l-o-w and careful. Wouldn't bother me a bit if they studied their products for decades before even teeny tiny uber controlled trials out in the open.

    As to "always be able to purchase non GM.." you should investigate what's going down in a lot of african countries and in india lately on this front. Even in Iraq, we had as thread on Iraq and farmers just a little while ago, like last month. They -monsanto they and others- are actively trying to corner "the market" there with their brands of seeds through the legislative (read:bribes) process. They are as far from playing fair as you can get. They tried to even patent a widely used Indian wheat that's been openly grown and shared around India for thousands of years, and they didn't even invent it! It's a form of wheat that lacks some markers that causes it to be not as "sticky" in baking as regular wheat, it has lower gluten content, that's where Indians get their "flat bread". Monsanto ups and patents it! Just said "ya,we own it, give us a patent" and the freekin patent office rubber stamps it! In india they are fighting it, they had to fight in in england

    1. Re:preventing the ecocaust by Mercaptan · · Score: 1
      I suppose I had to respond as the parent got modded all the way up to a 5.

      The problem is the establishment of a monoculture, rather than genetic modification. It doesn't matter if you've bred up your plants the old-fashioned way of collecting seeds from the ones the bear the biggest fruit or if you've grown it in a lab; if you've grown all your plants from a small pool of genes, then they're all going to share the same strengths and weaknesses. And given the way that any disease (or any other selective pressure) works, it is difficult to say in advance what will confer an advantage or a disadvantage until the chips fall.

      Even if Terminator got loose via cross-pollination (http://filebox.vt.edu/cals/cses/chagedor/terminat or.html), I don't think it would be end of agriculture on this planet (although I think it's a horrible way to squeeze out cash from farmers). Terminator bred seeds have to be treated with an inducer chemical, which sets off the genes that sterilze the second generation seeds. Additionally, two genes (the recombinase and the toxin) out of the three genes involved have to be in working order for sterility to occur. Even if the toxin gene itself were to be horizontally transferred into other plants, the gene contains a blocker region which prevents the gene from being expressed until that blocker is excised. The DNA is sort of arranged thusly (promoter and blocker are just regions of the DNA strand with different function):

      ---[promoter_region]--[blocker_region]--[toxin_DNA code]---

      In order to create (express in biogeekspeak) the toxin, you need both the promoter region and the toxin code. I wonder is how likely is it that the toxin gene gets tranferred via cross-pollination and somehow manage to lose the blocker and yet keep the promoter needed for expression. Additionally, if the toxin gene got mutated such that it didn't work (which is a real possibility with a single gene), then the whole sterility thing is out the door.

      The other problem with hobbling the spread of GM foods is that not all GM foods are these monsters you describe, nor is all research into it driven by blind greed. A lot of basic research, particularly agricultural research, still goes on at public technical institutes funded by public money, where there is more transparency and more thought given to the ethical consequences. Crops that can be grown in arid regions, regions with saline groundwater, or that have improved nutritional value can do good where people can't grow their native crops or are undernourished.

      I agree with you that Monsanto is one of the poster children for corporate irresponsiblity and that we need to be cautious our food supply's gene pool, but the situation is more subtle than you describe.

      N.B. I am involved in human genomics research (no engineering, just studying the structure) and not plant genetics. Make of this what you will, etc.

      --
      -- "Sucks to your ass-mar"
    2. Re:preventing the ecocaust by Anonymous Coward · · Score: 0

      I put them up there with the likes of Enron and Haliburton, except they are worse.

      And you are very right. Monsanto was even making Agent Orange during the Vietnam War, for God's sake, used against somewhere between 2 and 5 million innocent people! They have caused serious harm to the health of both Vietnamese and Americans, their children and grandchildren. People died. There were serious birth defects. And still some idiots trust those bastards today! See this post for more details.

    3. Re:preventing the ecocaust by Honden · · Score: 1

      IIRC "Agent Orange" was used as a defoilant and ( short sighted as it was later proven to be) was very much welcomed by the GI on the ground. Chuck couldn't await in hiding behind something that wasn't there and kill you.

    4. Re:preventing the ecocaust by wolflike · · Score: 1

      You are spot on with this response, Monsanto and their ilk do this al the time. The only solution would be to ban/fine companies for abusive patenting.

    5. Re:preventing the ecocaust by mink · · Score: 1

      Monsanto and the other big agricoprs should have been destroyed and the execs executed publically when they were busted for conspiring to price fix basic foods and such.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  191. Several important issues.... by kc8jhs · · Score: 2, Interesting

    I grew up on a farm and understand the why this is a problem very well.

    Farmers buy seed that is basically very expensive crops harvested and cleaned and separated and tested and treated, that helps it's performance. I.e smashed seends don't grow well, seeds with mold on them don't grow well, seeds that insects eat don't grow well. This is why proportionately seed is much more expensive than feed, which is what most of the crops grown in this country are used for.

    Feed usually does contain seeds, just not well protected or near the quality of commercial seed. Growing up, every year my father would always set aside a portion of the harvest to be cleaned and used as seed the next year, if for some reason commercial seed were not available. This is done mainly with wheat and soybeans, due to the population planting issues, and germ rates (wheat and soybeans are planted with a expoentially greater seed/acre density than corn is for example).

    Every year, my father would send samples of each vareity from the crop that he saved off to a lab for testing. Information returned would include percent foreign matter (such as weed seeds and hulls) and the most important was the germ rate, which is basically a percentage of how many of the seeds from the sample sprouted when provided warmth, water and nutrients. In other words how many of the seeds are duds.

    We could never harvest a crop or clean our saved seed enough to get germ rates within 10% of commercial seed. The equipment we used to harvest it, and our storage methods just weren't as good. Every year that I can remember, after we bought commercial seed, and had planted it, and had a crop come up, we sold the grain we had saved for seed from the previous crop.

    That's basically the how and why of why saving seed vs. buying commercial seed. We never were able to determine that we would save enough money by using our own, to make it worth while. Now, for some additional issues related to GMOs (Genetically modified organisms).

    These commercial seeds that are GMOs obviously bear a price premium, and what company would want to give that up? I see this as the biggest driving force behind the contracts, licensing and lawsuits. Secondly, Monsanto obviously can't put any kind of guarantee of performance on recycled seed, and most likely wishes to avoid tarnishing their product's reputation. Thirdly, and this I don't really know enough about, but is one reason that they give, is that the original seed is bred in such a way that it's crop produces optimal seed to be resistant to the proper compounds and the possibility that subsequent generations could stray from that original organisms exist. (I just don't know about this, but it sounds plausible enough)

    Ironically back on our family farm, we have had mixed success with GMOs. We continue to use traditional methods on about half our crops every year. What happens when everything becomes RoundUp Ready? When volunteer corn starts growing in a bean field, but spraying the beans with roundup doesn't kill it, because last years corn crop was round-up ready? This is why we continue to choose the seed with the location it will be planted in mind, so that we can use our chemicals of choice on it, to control the problems that we know are there. We also use wide varieties of seed from a wide variety of seed suppliers to increase resistance to single variety problems. Sometimes I really don't know how my father keeps this all straight on our mid size farm.

    Do we ever plant RoundUp ready crop again as seed the next year? NO. Do we save some each year, as a precaution for things we can't even imagine (shortages, catastrophes, WWIII, etc.)? YES. Hopefully we never ever have to use it. Afterall it really doesn't make that great of seed compared to what is commercially available.

    Comments? Questions? please!

    -Mikey P

  192. Same shit, different continent by BorgCopyeditor · · Score: 1
    Here's a great article by an Indian activist and scientist trying to prevent this sort of thing from happening in India, and giving more details about what's so wrong with it all.

    Poverty and Globalization by Vandana Shiva.

    --
    Shop as usual. And avoid panic buying.
  193. A good patent by Quiberon · · Score: 1
    Reasonable, for the following reasons

    1) When the patent expires (which has got to be less than 20 years from now), the whole world will be able to benefit from the invention at no charge.

    2) There's an objective test as to whether a seed infringes. (Presumably Monsanto will do it for you, or show you how to do it, or it says in the patent how to do it). Also presumably there's no prior art; no seeds before Monsanto's invention had the feature of resisting Roundup by the patented mechanism.

    3) There's an alternative. If you don't want Monsanto's seeds, you can get others. It will cost you more to weed your crop, but that's what you did before the invention anyway. I expect Monsanto will help you find other seeds if it becomes hard.

    4) If you (or your cooperative) wants to negotiate license fees for Monsanto seeds for the life of the patent, you can do so; then you'll be protected against being gouged.

    5) If you feel like finding another herbicide, figuring out how it works, figuring how to code some DNA which will cause resistance, and figuring out how to insert that DNA into seeds, that's fine. You can read Monsanto's patent for inspiration. You might be able to patent it yourself, or you might want to throw it open for all to use. Depends how you are funded. Your choice; it might can the sales of Roundup and Monsanto's seeds if you come up with a good one. Monsanto's risk.

    1. Re:A good patent by cruachan · · Score: 1

      But Monsantos behaviour is far worse than this. Monsanto has a history of sueing farmers who accidently grow their seed through no fault of their own. For instance you have a farm and you've never purchased anything from Monsanto, but your neighbour has and some of his seed blows from his field onto yours. If the seed germinates Monsanto will sue you.

      Monsanto are actually Evil. Almost always saying such things is hyperbole and way over the top, but in Monsantos case it really is. Only other company that has comes close is recent years is Union Carbide for their behaviour at Bhopal.

    2. Re:A good patent by Anonymous Coward · · Score: 0

      " Monsanto has a history of sueing farmers who accidently grow their seed through no fault of their own. "

      I don't buy it, and neither have courts and peer juries, at least in Canada.

      A commercial farmer, who happens to be growing commercial canola crops, just happens to have had enough Monsanto seed "blow by the wind" onto his pasture, and he just happens to grow this crop to harvest and take it to market.

      Remember, we aren't talking about a plant that can reproduce on its own, it's a terminator crop.

      Sure, the wind might blow the crack out of the dealer's hand and into your window, and you might try to explain that to the cop who finds it there. But I wouldn't count on that strategy. Especially after you found it there and tried to sell it.

  194. What about suing Monsanto? by PornMaster · · Score: 1

    I wonder if there would be any grounds to sue Monsanto for modifying the genetics of your fields... "trespassing" if you will... from the cross-pollination of neighboring farms.

  195. while we'r on the topic of getting sued .. by awerqfa · · Score: 2, Interesting

    look whos on the receiving end .... US agribusiness giant Monsanto has agreed to pay a one million US dollar penalty to settle charges of bribing the Indonesian government, the US Justice Department said last week. Criminal charges filed in the District of Columbia charged Monsanto with violating the Foreign Corrupt Practices Act (FCPA) in connection with an "illegal payment" of 50,000 dollars to a senior Indonesian Ministry of Environment official. Assistant Attorney General Christopher Wray said that a bribe by a Monsanto employee was aimed at facilitating the cultivation of genetically modified crops and was falsely certified as "consultant fees" in the company's books and records. The Justice Department said in a statement that the St. Louis, Missouri-based company "agreed to accept responsibility for the conduct of its employees in paying the bribe and making the false books and records entries." Monsanto said in a statement it regretted the actions of those involved in bribery and that it accepted responsibility. "Monsanto accepts full responsibility for these improper activities and we sincerely regret that people working on behalf of Monsanto engaged in such behaviour," Monsanto's general counsel Charles Burson said as quoted by Reuters. Mr. Burson said the company had taken actions to address the activities in Indonesia. Monsanto has also agreed to adopt internal compliance measures and cooperate with ongoing criminal and civil investigations by the Securities and Exchange Commission. An independent compliance expert is to be chosen to audit the company's program and oversee implementation of the new policies. Monsanto also settled related civil enforcement proceedings by the Securities and Exchange Commission, which issued an administrative order finding that the company violated Foreign Corrupt Practices Act provisions. "Monsanto consented to the entry of a final judgement in the federal lawsuit requiring it to pay a 500,000 civil penalty, and consented to the Commission's issuance of its administrative order." Mr. Wray warned that: "companies cannot bribe their way into favourable treatment by foreign officials."

  196. Not "illegal"-Think it through. by Anonymous Coward · · Score: 0

    "Providing a self replicating product and then suing people for it could be perceived as a form of corporate entrapment."

    *sigh* The ignorance abounds. Simply do what nature does. Create a subspecies that can only breed with itself. Or a species that needs roundup to survive (spray or else). You all sit on this board playing "what if", and don't even bother to ask yourself "Has others already forseen my complaints and implimented measures?" Are you the ONLY smart people on this planet?

  197. Re:Sure, and you can kill people with your car too by Anonymous Coward · · Score: 0

    I don't own my neighbour, so I can't do anything I like with my neighbour. So fuck you.

  198. Re:Patent office? Yes, I'd like to patent life its by laughingcoyote · · Score: 1

    Well, I could always, say, try and get others involved too. In fact...oh wait.

    You are, however, absolutely correct. Really, this law's not going to change until people make widespread demand for it to happen. If everyone who wished that IP would be loosened/abolished spoke up and demanded it, that's, I dunno, somewhere to the tune of 55 million voices? I certainly think we might see the "Sonny Bono Copyright Perpetuation Act" gone, copyrights/patents reduced to reasonable periods of time and imposing only reasonable restriction, and fair use coming back strong.

    --
    To fight the war on terror, stop being afraid.
  199. This is pure evil!-Uber "/.". by Anonymous Coward · · Score: 0

    "This is absolutely sick! Seeds float through the air, and when they land, they grow into plants, by their very nature!
    "

    OH NO! Those super uber brained slashdotters thought of something those dumber than a box of rock plant scientists never thought of. What if plant pollen got blown around by the wind? Who knew such a thing could happen? Man! Smart enough to play with a plant's genetics to give it properties that don't occur naturally, and yet we at Monsanto were too stupid to see this happening. Thank God for Slashdotters to catch these slipups in our knowledge. What would we do without you guys?

  200. How Many... by Anonymous Coward · · Score: 0

    ... people did you kill with your patent.

    In a world where people are starving, hoarding a food producing advance is murder. This is a much less obtuse jump than holding someone who's field was cross polinated liable for "stealing". (And stop calling it stealing dammit, we're tired of that already!)

    We'll know that the legal system has finally matured when at long last, it prosocutes those who are wrong, not those who are "illeagal".

  201. Mandrake... by Anonymous Coward · · Score: 0

    "Women sense my power. They seek my seed. I do not avoid women, Mandrake, but I do deny them my seed."

  202. Who says what's right? by siskbc · · Score: 1
    That intellectual "property" law applied to genetics is unjust and wrong. Contracts may be legally binding, but if slavery were legal and a legally binding contract transferred ownership of a slave, it still wouldn't be right to consider the slave "owned", as opposed to legal. Similary, here genetic code in the abstract is being considered "owned" by the law. This is wrong as far as I'm concerned, just as claiming ownership over applied discrete mathematics == software is just wrong.

    The important bit here is the "as far I'm concerned." We don't need more people trying to legislate morality. One can argue the benefits of this particular issue, but I bristle when someone refers to issues like this as "right/wrong." Kind of implies that your value structure is the right one, when you take to asserting this belief as truth.

    People, particularly americans, often confuse what is legal/illegal and what is right/wrong. Please don't.

    I don't know what this "American" bit is about. Who died and left you to decide for the world what's right and wrong? Legal/Illegal is the only thing that actually CAN be determined. Right/wrong is an *opinion.* You're entitled to yours, but that doesn't make it universal.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:Who says what's right? by nickco3 · · Score: 1

      I don't know what this "American" bit is about.

      It's true. There are two things that look particularly strange to my (non-American) eyes watching Americans debate is firstly the focus on precise legal definitions, rather than "is this fair?" that you would see in a British debate on the same subject. Arguing that something is legal when it's clearly unfair would be seen as an implied argument for changing the law to British eyes. It would never be accepted as a justification.

      A good example is the actions of the US Supreme Court vs. the British High Court when overturning a law. The Americans look to the constitution (a law), the British judge will block laws for being "against natural justice" (i.e. unfair) without reference to any other document. Neither body has ever been explicitly given those powers, and the different approaches they have adopted is instructive in comparing British and American culture.

      The second strange-looking thing is the frequent references and long discussions about What The Founders Thought. I've never seen any other nationality refer to a group of long-dead 18th politicians as a supporting point in an modern day debate.

      --
      -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
    2. Re:Who says what's right? by siskbc · · Score: 1
      The second strange-looking thing is the frequent references and long discussions about What The Founders Thought. I've never seen any other nationality refer to a group of long-dead 18th politicians as a supporting point in an modern day debate.

      I'll admit that's inane, but it's hard to poke fun at that when you're supporting (I assume) a version in which judges prefer to ignore the law and consider whether or not something is against "natural justice" - whatever that is. To justify this quaint little practice somewhat, it likely arises because the Constitution forms the backbone of American law, yet the writer (Jefferson) was a bit more interested in self-promotion than writing a sound legal document. Hell, the second amendment isn't even grammatically correct - and how one interprets that misplaced comma determines wheter we idiot have the right to our own personal armies.

      I have my moments of disgust with the Supreme court too, and I'm no lawyer - but how can one have a legal system that routinely ignores the law? What is it for, otherwise?

      Also, for what it's worth, the mandate of the Supreme Court in the US is, specifically, to judge cases with respect to existing law. For something to get before the Supreme Court, it's typically in regard to the Constitution.

      --

      -Looking for a job as a materials chemist or multivariat

  203. I'm glad they moved away... by DaRiachu · · Score: 1

    For a while, one of Monsanto's locations was really close to where I live. ... I'd hate to see what happens if one of their "special" seeds were to have wafted down the road...

    And not even in the legal sense, either!

  204. Pulic service announcement by abulafia · · Score: 4, Informative
    Anyone who cares about this massive travesty, take a look at the gene bank.

    For the record, that is only an entry point, most of the exchange of genetic material happens much more informally.

    Call them tree huggers or whatever, but these are the people that are keeping the world's genetic line available to all, and this started about the same time that the patent madness did. For obvious reasons. Think of this as the ham radio response to the internet.

    For the record, I'm not even a botanist, or whatever, but I'm a member. I get requests maybe twice a month for things I'm growing, and I send them off. Kinda cool, right? At least, I think it is.

    I don't need Monsanto's crap, and if they infect me, I will be pissed off, and they can count on me making that apparent.

    --
    I forget what 8 was for.
  205. Remember DDT by Anonymous Coward · · Score: 0

    DDT was once safe too. You could get DDT-laced drinks. Children were sprayed with DDT. DDT loved you, and boy, did people love DDT.

    And no, Roundup does not "completely break down into Nitrogen". It breaks down into many compounds, some of which are harmful to humans.

  206. idiots... by clambake · · Score: 1

    Farmers, don't be idiots: when Monsanto presents you with a lawsuit, YOU present them with a BILL. A bill for $10,000 a day, per sprout, itemized as "Storage and care of pateneted genetic material".

    Be sure to first post a sign out front of your farm stating, "Will host patented genetic material, $10,000 a day, per growing life form. Agreement to these terms will be indicated by allowing your patented genetic material to be blown onto this land. If you do not agree, then any growing material here is tresspass."

  207. IP test case by abulafia · · Score: 1
    So, If I, a random farmer, who has never bitten the poison apple and grow my crops from my own gene lines, is somehow randomly effected by your patented cross-polination, tell me - what do I do? Am I "responsibe" for "pirating" genes?

    This all sounds a lot like a legalistic method of making revenue stream out of what has resulted in mankind being capable of doing bookkeeping.

    Bite me, I can grow seeds, and if I want, procreate. It is that simple.

    --
    I forget what 8 was for.
  208. "suicide seeds" by Bazman · · Score: 1

    I think Monsanto were at one point going to make most of their output into 'suicide seeds' - these are plants that produce non-fertile seeds, so farmers wouldnt be able to plant them.

    google for 'suicide seeds' for more info, also called 'Terminator' patents.

    my band has a song about GM food:

    Well you reap what you sow and you sow what you reap
    from the share of the grain you have stored
    but when some sod breeds suicide seed that wont grow
    you sow only what you can afford

    but with all this biotechnology now
    maybe one day soon they'll design
    a multinational with a heart
    and a government with a spine

    they say that we've been cross-breeding for centuries
    this isnt anything new
    when i see a pig shag a tomato successfully
    i might concede that its true

  209. DDT is safe, unlike malaria by Julian+Morrison · · Score: 1

    DDT is human safe. DDT is in fact environmentally safe, the scares were pure hype. Look it up! DDT would have saved 60 million third-worlders from malaria and death. For scale, that's approximately 200 tsunamis, one after the other. The worldwide DDT ban is the greens' holocaust.

  210. Re:Wha...? (Patents) by devillion · · Score: 1
    > This is wrong as far as I'm concerned, just as claiming ownership over
    > applied discrete mathematics == software is just wrong.

    1. Patents doesn't mean you own something. You have only given a *temporarily* exclusive right to use a method.
    2. Non-trivial software is like non-trivial physics. Just like physics isn't only an applied mathematical theory. Also software isn't only discrete mathematics. In both cases mathematics is only used as a language to describe nature/algorithms.

    I'm currently against patents in general because standards used for issuing patents should be much higher. BUT if the standards can be rised (+ changes to couple of other things) then I think software patents are ok.

    Non-patentability of software (europe) and mathematics is really slowing progress because the resulting IP (from costly R&D) cannot be protected.

  211. Re:Wha...? (off topic) by cobbaut · · Score: 1

    --
    The quick red fox jumps over the blue e.


    By far the funniest and best sig ever!

    --
    European Linux user, living in Antwerp
  212. Monsanto: exploiting the starving by sonicattack · · Score: 2, Interesting

    Monsanto is selling what they call "Terminator technology" (first reference I found: http://www.organicconsumers.org/ge/sterileSeed.htm ) to countries where getting enough food to survive for the day could be a problem.

    The "technology" is a fancy word for genetically designing the next-generation seeds sterile, so that the farmers can't grow any new plants from the seeds produced from plants grown by Monsanto seeds.

    Now, very few things pisses me off to the extent that this kind of behaviour does. (I can actually start sweating, merely thinking about this)

    The idea of exploiting the starving seems to be good business for the Monsanto people.

    This kind of behaviour - maximizing profits, disregard for human life, and the complete lack of any moral consideration, is, I believe, one of few that is taking us in a direction which ultimately will bring down the sad downfall (sudden, fiery death for the masses is still a threat) of humanity.

    To me, the people who profit from selling these "Terminated seeds" (I here refrain from spilling my thoughts too bluntly, especially avoiding a sentence containing a suggested use of the words "Monsanto executives" and "terminate") to starving people, occupy a niche lower in the food chain than people who murder the elderly for money, and those who sell women and children for sexual exploitation and their personal profit.

    Please, even if you disagree with my views, let at least the facts about this be known.

    1. Re:Monsanto: exploiting the starving by elakazal · · Score: 1

      Let's get something straight here: These are people who have been growing the same landraces of crops for hundreds of years, saving the seeds each year, and replanting them the next. And they can keep doing that if they want. It'd be next to impossible to stop them from doing this even if people wanted to, short of preventing them from farming altogether.

      Monsanto is very reluctant to market its varieties in developing nations because there's no good way to retain control of them. The terminator technology takes care of that issue. If people want to grow Monsanto's improved cultivars, they'll have to buy the seeds new each year. Most people in the developing world, and certainly not the subsistence farmers, do not buy their seeds at all, let alone from Monsanto.

      It just baffles me how this has been blown all out of proportion, mostly by vehement anti-GMO advocates. Yes, Monsanto is slime. That I agree with wholeheartedly. Do they sue innocent people? Sure do. Do they take unwise chances with transgenic plants? Arguably, yes? Are they more concerned with the bottom line than with feeding people or even allowing farmers to make a profit? Hell, yes (to the extent that this is does not prevent them from selling more seeds). Are they exploiting starving people? No more than the rest of us in the developed world (which is to say, sadly, yes, somewhat.)

    2. Re:Monsanto: exploiting the starving by sonicattack · · Score: 1

      I believe that the idea of altering and designing individual genes for our crops is something that follows naturally after hundreds (thousands?) of years of larger-scale "refining of the plant's properties".

      Now when we have the technology to make plants bigger, better and feed more people, I believe it is our duty to do it.

      So, these people do business, and obviously don't want to lose control over their product. So they build in what we could call copy-prevention measures. Understandable, right?

      Understandable if it were a software product. Software products are very seldom something that a person needs on a day-to-day basis to live a healthy life.

      But food is, and here the fine Monsanto people are selling a crop that has advantages over its non-GMO cousins. Something that can feed more people - reduce starvation in parts of the world where food is scarce. This they know of. Yet, they choose to view those areas, where children's ribs are way too visible through the skin, and undernourishment is the norm, as just another part of the market, where control over the product is just as important as in other parts of the world, where tons of hamburger-fed flesh are lying suntanning on the beaches, and the diseases related to a too well-fed life are becoming more and more apparent.

      It's their product, their choice, no? Who am I to say that they should give away their hard-earned designed seed, copy-protection disabled here, to those upon whose faces the fairy of obesity has never smiled?

      If this was a drug company, having just found a cheap, permanent cure for AIDS, and made the decision to deliberately turn off / change some functionality to make the effect of the drug time-limited instead of permanent, let's say for five years, after which the patient will need a refill, if this was the case, would I be right in calling them "exploiting the sick and dying" - yes to an extent more so than the rest of us, who did not make that decision?

    3. Re:Monsanto: exploiting the starving by Anonymous Coward · · Score: 0

      Now when we have the technology to make plants bigger, better and feed more people, I believe it is our duty to do it.

      That technology was invented through a lot of hard work. Now it's our duty to give it away on your terms? Please. If you want to help the starving people, buy seeds from Monsanto and give it to the starving people. People should be grateful, yes, grateful they have the choice of buying Monsanto's products. Monsanto doesn't force people to do anything, they offer people a choice those people otherwise would not have. If you don't like that choice, then don't take advantage of it. In that case, the worst you can say about Monsanto is they've done nothing for you. You claim that it is exploitation to give people an additional choice in life? Your morals disgust me, sir.

      Yet, they choose to view those areas, where children's ribs are way too visible through the skin, and undernourishment is the norm, as just another part of the market...

      Maybe because it is another part of the market? Show me a culture on earth that doesn't trade, and I'll agree with you that culture isn't part of the market. The fact is, every resource has a cost. The cost is what you are willing to pay for it. Even if I give the product away for free, the product still has a cost, it's just that I am paying the cost in that scenario. In other words, I am giving an amount of charity to you that is equal to the cost.

      Thus, Monsanto's product has a cost, no matter who pays for it. Now, if you are willing to pay that cost...in other words, if you are willing to purchase their products and give it to the starving people, then you have given charity and you should be praised for it. But how dare you ask Monsanto to pay even a little of that cost by offering it for less than they could? If you want to give charity to others, than give it. Put your money where your mouth is. Don't ask others to.

      If this was a drug company, having just found a cheap, permanent cure for AIDS, and made the decision to deliberately turn off / change some functionality to make the effect of the drug time-limited instead of permanent, let's say for five years...

      Let me tell you where I agree with you and where I don't. I believe the patent law needs to be reformed in the sense that if a second drug company came along and did their own research, and made their own cheap, permanent cure for AIDS, then that second company should be free to compete with the first company. In that case, it's likely that one company will offer it without any 'five-year penalty', so the other company would have to follow suit. Right now, the patent law doesn't care if the hypothetical second drug company invented the product with their own research. It just grants full rights to the first person to invent a drug, and I think that's wrong.

      But, I'm guessing that wouldn't be good enough for you. So, let's suppose that company is alone in discovering a cheap, permanent cure for AIDS. And no matter how hard the other companies try, they can't make that same cure with their own research. In that case, we should be grateful to that company that now you can be cured for 5 years, instead of zero. If you don't like it, don't use their drug.

    4. Re:Monsanto: exploiting the starving by elakazal · · Score: 1

      The fact that a product is necessary on a daily basis for a healthy life cannot be seen to require it's producers to give it away. Are we going to ask farmers to give away their crops because we all need to eat?

      Your drug analogy is flawed, because drugs are not self-replicating, and plants are. If drugs were self-replicating, every company that produced them would take steps to keep people buying them, and we wouldn't think twice about it.

      The fact is, Monsanto is a corporation, and as a corporation, it has only two obligations: to make money as well as it can and to follow the law. We cannot expect it to do anything beyond that (indeed, even that may be a bit much). Look to corporations for moral examples and you'll be searching for a long time. That's not their purpose.

      If you find Monsanto's action be outrageous, there's an easy solution...get your government (or some sufficiently large organization) to either pay for the seeds or for the rights to the technology, and give it to the starving. Or you could get said entity to fund the research necessary, and allow free use of the product. You could likely buy Monsanto outright for what the U.S. has spent in Iraq so far, with change to spare.

      Monsanto is doing what Monsanto was designed to do: making money for its shareholders. Don't fault it for not giving things away any more than you would a car for not flying or a toaster for not doing your laundry. The fault lies with us, the people who have far, far, more than we need to survive, for failing to require the instruments of our collective will, our governments and other institutions, to provide for these people. By our failure as a group to do so, we DID make that decision. We decided we'd rather pay lower taxes, or not give to charity, and have a little more money for ourselves, than to see these people fed. While perhaps you and I do not bear as much individual blame far this, we are still saddled with our share of the collective guilt until such a time as we can sway the minds of our fellows.

      I totally believe in the responsibility of mankind to care for the least fortunate of our species. I give from what I have, not as much as I could, but certainly more than many in this country. I am going into the unpaid, under-appreciated field of government-funded plant breeding specifically because I believe such work is important, and I believe working to allow people to fulfill this most basic of need is among the noblest things I could do with my life. Am I doing everything I possibly could? No, but neither are you or anyone else in the first world.

    5. Re:Monsanto: exploiting the starving by sonicattack · · Score: 1

      The fact that a product is necessary on a daily basis for a healthy life cannot be seen to require it's producers to give it away. Are we going to ask farmers to give away their crops because we all need to eat?

      Not crops, but seeds. Super-seeds. And just some of it, enough to startup another farm. The (already poor) farmers - (I hope) - would give some to their neighbour, if her family was starving. The already rich ... won't. They not only won't, but also take extra measures to make sure that the starving can't. Which of course is a different matter in the rich world, where we have a blessed shortage of starving people, as compared to where people die of famine every day. How much would it hurt this company if they gave (yes, gave) seeds - not crops, but "enriched" seeds with methods of normal replication preserved to these starving farmers?

      Your drug analogy is flawed, because drugs are not self-replicating, and plants are. If drugs were self-replicating, every company that produced them would take steps to keep people buying them, and we wouldn't think twice about it.

      The purpose of my analogy was to drive home the point that someone made the choice to add functionality to restrict use, in a product that could be directly beneficial not just for all mankind, but especially so for the already seriously exposed groups. If this was a secret recipe for ice-cream, or some extra ('scuse the pun) potent viagra - I wouldn't care at all which measures they added to the product to keep others from sharing it.

      And yes, of course, it's not just the corporation I hold morally responsible - it's much easier to hold responsible the people of flesh and blood behind this corporation.

      Monsanto is doing what Monsanto was designed to do: making money for its shareholders. Don't fault it for not giving things away any more than you would a car for not flying or a toaster for not doing your laundry.

      How could I ever hope to see Monsanto's behaviour change if I didn't say straight out what I thought of it? The more people who makes the decision not to invest in them, or buy their products, the clearer the message will become.

      While perhaps you and I do not bear as much individual blame far this, we are still saddled with our share of the collective guilt until such a time as we can sway the minds of our fellows.

      The more we actively work for it, the faster that time comes. Some people will be harder to sway - for example the AC that also replied to my post (and won't get a proper reply from me until properly logged in).

      I totally believe in the responsibility of mankind to care for the least fortunate of our species. I give from what I have, not as much as I could, but certainly more than many in this country. I am going into the unpaid, under-appreciated field of government-funded plant breeding specifically because I believe such work is important, and I believe working to allow people to fulfill this most basic of need is among the noblest things I could do with my life. Am I doing everything I possibly could? No, but neither are you or anyone else in the first world.

      Somewhere, a starving kid is holding his faith up, hoping that people like you one day will be in charge to make the right decisions.

    6. Re:Monsanto: exploiting the starving by elakazal · · Score: 1

      I hope I haven't come off as too hostile, because really the difference between your view and mine is very small. (Mostly it's a matter of my cynicism vs. your idealism). These are issues I've wrestled with for a long time, both the private/public divide in agricultural research and the dilemma of how a breeder balances the need to pay for his research and the need for the research to be utilized.

      I hope I don't come off as pro-Monsanto at all, because I'm not. I think they have overwhelmingly been a negative force in the world, not least because they have utilitzed the amazing potential of transgenic crops in such a way as to increase the outcry against, thereby perhaps preventing the development and/or acceptance of technologies which could feed millions. I see Monsanto's rise as a symptom of the Reagan-era gutting of public breeding in this country (it has never been as well funded in the rest of the world as it was here up to that point).

      Monsanto fills the role those programs would have, but it does it with the goal of making money, not serving the needs of people. There still are public breeding programs, of course, but they are now basically tasked with paying for themselves. I've worked in a number of breeding programs at land-grant universities, and the norm is now to patent varieties and charge royalties. And people are always saying "But my tax dollars paid for this...why can't I have it for free?" And I have to explain to them that their tax dollars barely pay to keep the lights on, let alone pay workers or maintain fields. So we charge for it because if we don't, the program wouldn't exist. If we release something like that into a developing country where no structure exists to enforce our patents, they can then propagate it and sell it to the other countries, thoroughly eroding the value of our work, and of the money invested by other royalty-payers and tax-payers.

      (By the way, I mis-typed above, when I said I was headed into the "unpaid" field...it should be "underpaid". For doing the same thing at Monsanto I could easily make into the six figures, while odds are decent I'll retire before I make that working for the USDA or a state agricultural experiment station.)

      Americans, for the most part, are way too far divorced from the idea of where their food comes from, and from the idea of what it's like to not have any (which is not to say there aren't Americans starving today...I could (and do) walk a few blocks from where I work and talk to them.) I'd like to think if people understood what it's like to be hungry and have NO way, short of crime or violence, to fix it, they'd be less cavalier about sentencing others to experience that every day.

  213. Video or Transcript obtainable from The National by ZeroEnigma · · Score: 1

    I recall my dad watching The National a canadian news program one night when that Monsanto story was on. I believe the The National is on the CBC channel so if anyone is looking for more information they could perhaps obtain a transcript.

  214. burn them down by Anonymous Coward · · Score: 0

    burn monsanto down and plant whatever you want, end of problem

    1. Re:burn them down by Anonymous Coward · · Score: 0

      "burn monsanto down and plant whatever you want, end of problem"

      The fact that this has not happened yet, is evidence that enough people are not upset enough for the issue to really matter. I mean, we *are* talking life-and-death food-or-starvation kind of issues here. Why is it taking so long for the situation to turn violent?

  215. Damages for cross-pollination by Anonymous Coward · · Score: 0

    Rights bring responsibilities.

    If Monsanto wants to enjoy the economic rents , they must also take the heat for cross pollination.
    The courts must also be generous in compensating those who suffer wind-drift problems. Who pays for the buffer zones that must be left idle? Farmers will stop buying when their neighbour sues them for permanent and perpetual trespass, and the damages will be huge. A GM free cropper downwind, could get very rich, if the cards come down the right way.

    In the EU/UK the dirty secret is out - wind drift goes miles, and weeds also grow resistant between 10 mile buffer zones. As for yields, no miracle here - the soil becomes barron, when you only have 1/2 inch of viable topsoil or less. GM seeds DO have a place, for those who live on an island.

    1. Re:Damages for cross-pollination by Marxist+Hacker+42 · · Score: 1

      The courts must also be generous in compensating those who suffer wind-drift problems.

      But of course they haven't been generous. In fact they didn't even compensate the test case for his 6 years of legal costs.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  216. Monsanto PR by joebutton · · Score: 1

    A couple of years ago I went to a public meeting about GM in the UK. There was a guy with an American accent who kept putting forward pro-GM arguments. Eventually the chairperson asked him what he did for a living. He tried to dodge the question but eventually the chair got him to admit he worked for Monsanto's PR department.

    Later on Percy Schmeiser showed up at the meeting and completely demolished him. It was a joy to watch.

  217. *NEWS FLASH* Every Seed Company Does This! by Anonymous Coward · · Score: 0

    Monsanto isn't the first or only company to protect their genetics. The seed industry is very competitive. New Hi-Bred genetics are released every year with hopes of bringing higher yields. Rival companies, in the past, have stolen each others' genetics and past them off as their own. These contracts exist to protect years and years of research.

  218. Still a pertinent issue... by raam · · Score: 1

    This is what Vandana Shiva has been trying to get people to pay attention to for years now. It started with a company patenting varieties of Basmati rice, killing any potential for fast growing species to be used to alleviate hunger...
    http://www.vshiva.net/

    1. Re:Still a pertinent issue... by Anonymous Coward · · Score: 0

      Persuade your government to not observe specific classes of patents. Be increasingly persuasive if you do not succeed. Do not draw the line at violent rebellion. If that's what it takes to feed your starving people, then that's what it takes.

      Don't blame others for your misfortune. Take responsibility. If your government is not serving the people, eliminate it, with violence if necessary.

  219. An agreement is an agreement by Anonymous Coward · · Score: 0

    Let's not miscast this. People who use the Monsanto crops sign an agreement to to replant. these arent the cases of cross pollination these are cases where people replanted on purpose. If the defendant farmers could show that there were only a few places where the seeds fell it wouldn't be an issue. This is about something called "Roundup ready" crops that are specifically engineered not to be killed by Monsanto's weed killer called Roundup. The only reason someone replants these seeds is because they intend to use Roundup on the crops. It kills the weeds and these seeds create crops that survive the herbicide. You wouldn't use Roundup on crops that weren't "Roundup Ready" because there is nearly zero chance that they would survice. Using Roundup shows that the farmers knew they had stolen the engineered seeds.

  220. Very different from the normal IP arguments. by cliffski · · Score: 1

    Nobody try to compare this with the usual p2p IP arguments, this is very different.
    Firstly nobody NEEDs the new madonna album, Half Life 2 or a copy of photoshop, we can all lvie without it. You NEED food, or we all die within days, its a different kettle of fish tor estrict the ownership of food.
    Secondly, you ahve to DO something knowingly to get copyrighted material, with seeds, they just blow over your fence.
    Monsanto are behaving outrageiously, and given the climate of pro-business, sod the consumer in the US, they will probably get away with it.

    --
    DRM-free indie games for the PC and Mac: Positech Games
  221. Seeds reuse by jskline · · Score: 1

    This does not surprise me. Moansanto is doing not much more than protecting it's interest and found a legal way to build a cash cow.

    An folks wonder why the american farmer is in so much trouble!!

    --
    All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
  222. Article Fails to Mention by malus · · Score: 1

    That you are effectively locked-in to buying Monsanto seed for the rest of your life.

    If you stop buying monsanto seed, and begin growing non-monsanto plants, monsanto can still sue you, because the soil is effectively monsanto property. Their claim, basically being "genetic modification of the soil". There have been a very few cases where Monsanto has been ordered by courts to remove the topsoil they "own".

    Thus, year after year, you must pay out the A$$ to a greedy company hooked on profit.

  223. "Traditionally non-tech-savvy"? by elakazal · · Score: 1

    Any one who thinks of farmers as "traditionally non-tech-savvy" hasn't talk to to many farmers in the last decade or two. As some one who has had a fair amount of contact with farmers in a number of a crops over the years, I can say with confidence that the average American farmer is easily more tech savvy than the average American in general. They have to be. Two reasons:

    1) Margins are slim, and farmers need any advantage they can get. Most farmers today stay highly informed about advances in agriculture (the average farmer is much better informed and rational about transgenic crops than his non-farmer counterpart), and more and more are moving to a precision agriculture model, depending on GPS, lasers, in-field temperature and humidity monitors, and modern planting and harvest equipment.

    2) Farmers are running a business. Generally by themselves, or with help only from family members. In this day and age, running a business involves running a computer, and if you're doing that yourself, you're going to be your own IT department, too.

    I really resent the fact that people persist in this idea that farmers are ignorant bumpkins...

  224. True, but you're missing the important point... by elakazal · · Score: 1

    Even though people do routinely use Roundup anyway, people aren't spraying Roundup on non-Roundup Ready plants at times when it will make a difference whether the plants are transgenic...you don't spray something on your plants that could kill them unless you have good reason to expect that it won't kill them. The advantage of Roundup Ready is that you can go ahead and blast away at the weeds with it long after your crop plants have come up.

    And since Monsanto owns Roundup, if you're not patronizing Monsanto, then you have no use for the transgenic anyhow.

  225. Terminating Seeds / Monopoly by PhYrE2k2 · · Score: 1

    There was a big uproar about terminating seeds and how they will be the doom of society as a whole as we mess with nature. It was my understanding that they were still doing that, but I guess not.

    It's a monopoly- does anyone else see that? Why aren't they getting the same rapp Microsoft is? One company who is requiring all future purchases come from them, and only really one provider of these seeds.

    Then again, what ever happened to real food- with moderate but reasonable yeilds?

    -M

    --

    when you see the word 'Linux', drink!
  226. No - situation is even worse: by messias_bikini · · Score: 2, Interesting

    dupont for example has patent EP 744 888 which describes corn(maize) with oleic acid > 55%.
    in mexico you find such plants in the wild for ages...
    guess what - it doesnt stop duPont for suing you if such a plants happens to be on your ground

    more info here: http://216.239.59.104/search?q=cache:Ts0FIArHTZ8J: www.ukabc.org/FAOengl-sv-j.doc+Patent+EP+744+888&h l=en/

    and here: http://www.choike.org/nuevo_eng/informes/2040.html

  227. No, you will get sued by briancnorton · · Score: 1
    That's what happened in one of their cases. Some of the seed fell off a truck that was driving along a farmer's fields. They came by and found their seeds growing along the roads and sued the poor bastard. Cross pollenation made even more of his fields into the engineered crop, and he was SOL.

    I'm all for bioengineered food, but not when stuff like this happens.

    --

    People who think they know everything really piss off those of us that actually do.

  228. Re: The story is... by randallpowell · · Score: 1

    More like corporate communism. Look at airlines that demand money from congress when they are in debt. Corporations really want to own communism and own the government. Oh, wait....

  229. Open Sourced GM Crops... by waterford0069 · · Score: 1
    The one time I have a chance to talk about Open Sourcing GM Crops, and I'm late to the article.

    You know; the techniques for developing herbecide resistant crops like this are probably pretty well known in the biology field. There must be some gene-hackers out there with the ability to work on this in their own basement.

    After you've got a good candidate found and bred, then it should really only be a matter of getting it approved by the gov't. Perhaps this could be part of someone's thesis.

  230. Re:Wha...? (Patents) by Anonymous Coward · · Score: 0

    One: There is no evidence progress is being slowed by the absence of software patents. Quite the contrary actually - before the US introduced software patents, they innovated most in computing (Internet etc.). But US-based software has been largely stagnant for over a decade in terms of actual fundamental progress- in that time while Europe had no software patents but the US did, Europe innovated most (The Web, produced in CERN in europe...).

    Two: Costly R&D? Don't make me laugh. You need a PC to do most software research and development. That's about it. Also, the cost of something is not an argument for its worth anyway - if it were, it would be most economical to produce something as inefficiently as possible. It would cost far more to build a car out of toothpicks (if its even possible) - does that mean a toothpick car deserves greater "protection"? No. It means the producer was a jackass. Similarly, if giant inefficient bureaucratic corporations need patent laws to compete with loosely connected small businesses and individuals with PCs, that's NO GOOD REASON to give them patents!

    I actually disagree with all patents, not just software ones. If you want to reward invention, give Inventors Grants, not monopoly rights. Patents are not about speeding up progress, they're about who gets to control progress.

  231. Interesting fact about Monsanto and Agent Orange by Anonymous Coward · · Score: 0

    Agent Orange is the code name for a powerful herbicide and defoliant used widely by the U.S. military during the Vietnam War. Agent Orange was used from 1961 to 1970 and has caused serious harm to the health of both Vietnamese and Americans, their children and grandchildren.

    During the Vietnam War, Agent Orange's official military purpose was to remove the leaves of trees to prevent guerrilla fighters of the National Liberation Front from hiding.

    Agent Orange was found to have toxic dioxin contaminants which have been blamed for causing health disorders and birth defects in both the Vietnamese population and U.S. war veterans. It has also been found to have carcinogenic properties affecting females primarily.

    An April 2003 report paid for by the National Academy of Sciences concluded that during the Vietnam War, 3,181 villages were sprayed directly with herbicides. Between 2.1 and 4.8 million people "would have been present during the spraying." Furthermore, many U.S. military personnel were also sprayed or came in contact with herbicides in recently sprayed areas. The study was originally undertaken for the U.S. military to get a better count of how many veterans served in sprayed areas. Researchers were given access to military records and Air Force operational folders previously not studied. The re-estimate made by the report places the volume of herbicides sprayed between 1961 and 1971 to a level 7,131,907 liters more than an uncorrected estimate published in 1974 and 9.4 million more liters than a 1974 corrected inventory. It was produced under contract for the Army by MONSANTO, et al.

    Facts from http://wikipedia.org/Agent_Orange

    Do you find it surprising that when you buy your seeds from someone who used to make chemical weapons for the Vietnam War, you are screwed? I don't.

  232. Monsanto is just wrong by Anonymous Coward · · Score: 0

    Monsanto is just wrong.

    Indeed. See this post.

  233. What you can do by AtomicJake · · Score: 1

    Do it the European way: Don't buy products that contain genetically modified food.

    In Europe, most consumers think that way, and therefore no supermarket gets GM food, since it does not sell.

    Now, if you are living in a country, in which every single product abuse must be clearly labeled ("Don't use the microwave to dry your cat!"), but which does not require to label GM food, someting is clearly wrong. But you can still do something: Ask for GM free products, do a test -- if they contain GM food, sue the supermarket where you bought it (some millions $ would be fine). I assure you: Everybody will afterwards label the products correctly.

  234. MOD PARENT UP!!! by Anonymous Coward · · Score: 0

    I have no idea about it... Very good post. Thanks!

  235. Re: The story is... by Zeromous · · Score: 1

    well this is what Im talking about... corporate facism is the marriage between state and corporations. Now to the point where corporations retain control over the population than the goverment (ie people's union). This is done in the form of handouts (you call this communism, I call this ransom), and buying legislation.

    --
    ---Up Up Down Down Left Right Left Right B A START
  236. GPL Solution? by Anonymous Coward · · Score: 0

    Could someone create something like GPL'd versions of crops (meaning GPL that includes patents), spread them everywhere and then sue the multinationals for violating the GPL when their crops inevitably got contaminated and they tried to charge license fees on seed with GPL seed content?

  237. seed license just like open source license by Anonymous Coward · · Score: 0

    monsantao controls what you do with the seeds including any second generation seeds you produce.

    That's is just like the GPL and other open source licenses.

  238. Re:Sure, and you can kill people with your car too by jonbryce · · Score: 1

    The person who sold you the car doesn't have any rights to stop you doing these things.

  239. LINK ERROR by Alsee · · Score: 1

    Oops, I glitched the link:

    to sue those evil nasty pirates (and dolfins).

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  240. Thank you! by PenguiN42 · · Score: 1

    *finally*, after several "you're wrong!" "no you're wrong!" posts, someone actually comes along with a source. Thank you, ac!

    --
    The following sentence is true. The preceding sentence was false.
  241. Interesting, considering Monsanto's settlement... by flyingV · · Score: 1

    Monsanto's very own website has a press release detailing a settlement with the SEC and DOJ for bribing officials in Indonesia and violating the Foreign Corrupt Practices Act. Indymedia has further links.

  242. insanity by bluequartz · · Score: 1

    the world is truly going crazy

  243. Plant a See, Go to Jail by gevantry · · Score: 1

    Cripes, if they can get away with it, they'll charge us for the air we breath, claiming that the oxygen their crops exhale is actually the property of Monsanto.

    In Iraq, they've gone one better: the US puppet government has outlawed crop planting from seeds the farmers' natural crops produce. This is not from Monsanto (or any other US Agra-business) seed stock, but from Mother Nature's own. The farmers are required to buy seed stock from U.S. Firms.

    Next, one of these company's will manage to sneak a sequence from the human genome past the patent clerks, and start levying fees against everyone who has a living body.

  244. Why did this get taken off the front page? by Anonymous Coward · · Score: 0

    Why did this get taken off the front page?

  245. Oh my gawd!,,, its a terminator!!! by BigLonn · · Score: 1

    This is the same mentality brought up by riaa and the mpaa, same logic applies, monsanto sells the seed, seed thats suppossed to be genetically engineered to not grow after the first growing generation (hence the term terminator seed) as it is not suppossed germinate after the first generation, this is how monsanto has a death grip on the seed for the plant inquestion, if you want to plant it , you have to buy new seeds from monsantos present years seed crop. That's why monsanto is suing this guy, if word gets out that they are selling poorly engineered seed that can turn out a crop in the next season (at a narrowed expense margin for the farmer by the way) then monsanto looses millions to farmers who can now cull a seed stock back from the previous years seed they harvested and from land they already grow from, oh yea and make a wider margin of profit . I hope the guy wins!

  246. The New Slavery by Anonymous Coward · · Score: 0

    How can it have escaped the notice of people here that /. had a story on just this sort of law being forced on the farmers of Iraq by the U.S. It was on November 13 last year:

    http://politics.slashdot.org/politics/04/11/13/2 02 3220.shtml?tid=191&tid=155&tid=219

    The effect is to make Iraqi farmers slaves of transnationals and the country's agriculture a _revenue-generating_ experimental farm. It seems as though no one's stopped to consider how the radioactivity will skew the results. As one of the links in the previous story has it:

    "In a short time, Iraq will be living under the new American credo: Pay Monsanto, or starve."

    These are the _real_ terrorists. It's not enough that we've made a mess of things by polluting the things that the stream of life depends on; now the stream of life _itself_ is being polluted.

    This is _beyond_ pure evil, beyond even the wickedness of the current administration. It's a declaration of perpetual war against, well, humanity. Don't expect the resistance to it to ever stop.

    Don't be fooled! From:

    http://www.grain.org/articles/?id=6

    "Once introduced into the agro-ecological cycle there is no possible recall or cleanup from genetic pollution"

  247. well, to be honest... by N3wsByt3 · · Score: 1

    It DOES rival with "If you haven't signed a license, and seeds blow across the road, Monsanto can't sue you because you never signed a license." when Monsanto has done *exactly* that.

    If, by some miraculous chance, you didn't notice it; numerous posts have already linked to the story in question. It still amazes me that people don't know the difference between patent-infringement and breach of contract. Especially slashdot readers should be aware of the differences, with SCO and all that. You don't need to have signed any contract or licence to get sued for patent-infringement, let this be clear.

    --
    --- "To pee or not to pee, that is the question." ---
  248. explanation by N3wsByt3 · · Score: 1

    "Right or wrong, the famers entered into the contract knowingly. The company bypassed thousands, or tens of thousands of years of evolution by producing a genetically advanced form of crop. The farmer signed a contract. Farmer violated contract. Seems open and shut to me, Monsanto doesn't have a monopoly on the corn market."

    I think what the parent poster wanted to say is, that signing a contract is not all-encompassing. A simple example to demonstrate this so you might understand: in my country, some shops claim you can not return your goods, once bought. It says so in the conditions when you buy it. According to your reasoning, since I bought a product of such a shop, I am bound by the rules of their contract. I should have gone to 'another' shop if I didn't like it, right?

    Wrong. This is the american view on things, which the parent poster hinted at. Alas, it is not my viewpoint; I'm of the opinion I have rights too. And indeed, the clause that prohibits bringing your goods back (even without a reason) *IS* null and void (though not many people know this). So clearly, the fact they made the contract with that prohibition, and I 'agreed' to it by buying their product, does still not give them the right to do so. In your worldview, this must seem incomprehensible, in mine it's called basic consumer protection.

    If the law didn't protect (even though it's often a weak protection) individual rights, including those of a consumer or user, we would soon all be dancing to the tunes of mega-corps. In europe we seem to realise that danger more then in the USA.

    "Not really, the enhancements are what is being licensed by the contract."

    That's nothing more then semantics. If Monsanto ever owned the patent of an 'enhanced' human, would you consider it fully in their right to consider their creations as property, and make restrictions on the propagation of said humans, even when parents that opted for these kids agreed to the contract?

    Once again, as the parent poster said, you seem to ignore the question whether it is right, with the question of being technically lawfull. You seem to be a dude who accepts a law, because it is the law. I (and many other europeans) would rather accept a law because it is right (which is the main meaning of 'justice' after all).

    Not that europeans are intrinsically all that noble or better, mind you. After all, during WW2 in nazi-germany, it was lawful to report and turn in (and discriminate) Jews too. Strictly spoken, one should follow the law, as you said. In any normal sense, however, one should spit on the Nazi's, as I spit on Monsanto.

    And no, I'm not comparing Monsanto to the SS, but I am making the case that because something is technically spoken 'law', it isn't always right and it shouldn't always be followed. I do not subscribe to your premise that, because there is a contract, all the provisions in that contract outweigs all other considerations, even when a law says so.

    "What the fuck does this have to do with being American? Troll."

    Well, the parent poster might have been guilty of overgeneralisation, because I know you have some thoughtful and critical americans too, but he does have a point to some degree. Americans typically have the strange notion that everything, and I mean everything, should be regarded in the light of money and profit, and that the pursuit of personal enrichment outweighs every other consideration.

    That this leads to a concentration of a few wealthy rich and a mass of extremely poor, that corporations have such strong lobbies they virtually make out the politics and that rights are being trampled on in the name of economy, seems not only to escape most americans, but even when noticed, it hardly leads to any protest. The majority of you lot seem to accept this as 'the way it is supposed to be'.

    Europeans, however, have quite another picture of how the world should be. Not to say we don't have the same weaknesses of all humans, ofcourse. But still, their IS a difference

    --
    --- "To pee or not to pee, that is the question." ---
  249. It's all just God's will by Anonymous Coward · · Score: 0

    It doesn't matter. God will save us. Just ask any right wing republican red state uneducated hick. God will save us; and if he doesn't, and this kind of thing happens, it's because of the homosexuals, pagans and heathens.
    I'm sorry, but here in Kentucky that is truly, truly how they believe. Church literature is infused with politics, all for the corporate good. For example, war is ok, well, because it always happens (that's what I was told when I asked why we didn't push for peace).
    Don't send your child to college, because they will get educated and come back liberal (it doesn't take much to be labled liberal here. Everyone concerned about things like this discussion is a liberal).
    The ignorance spreads from generation to generation here. Nothing is taken seriously, because it's all just God's will. Mind you, I am a Christian, but I am not some blind fundamentalist fox news watcher.

    Something's got to be done about the ignorance.

  250. Resistance by SgtChaireBourne · · Score: 1
    Resistance occurs naturally over time no reason glyphosate should be different. Natural resistance is seen where glyphosate has been applied frequently and heavily in Colombia to damage the coca crops. Over time the ones on the fringe developed an immunity and these were replanted.

    It's bound to happen in grain crops as well. Farmers could speed it along by spraying a very dilute solution in the center of the field each year and keeping that seed for next year's planting. Not a good idea to spray the edges and cultivate resitant weeds.

    Folks that dislike GM crops could do this on purpose and then distribute the seeds. That's not copying the gene or reverse engineering it, but developing a competing product.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  251. How does that work? by Anonymous Coward · · Score: 0

    Oh ... wait a minute ... I thought the title was "Plant a seed, get suede". Nevermind.