Monsanto's 'Terminator' Seeds Set To Make a Comeback

ananyo writes "Monsanto and other biotechnology firms could be looking to bring back 'terminator' seed technology. The seeds are genetically engineered so that crops grown from them produce sterile seed. They prompted such an outcry that, as Slashdot noted, Monsanto's chief executive pledged not to commercialize them. But a case in the U.S. Supreme Court could allow farmers to plant the progeny of GM seeds rather than buying new seeds from Monsanto, making the technology attractive to biotech companies again. Some environmentalists also see 'terminator' seeds as a way of avoiding GM crops contaminating organic/non-GM crops." Reader 9gezegen adds that Monsanto is getting support, oddly, from parts of the software industry. From the NY Times: "BSA/The Software Alliance, which represents companies like Apple and Microsoft, said in a brief that a decision against Monsanto might 'facilitate software piracy on a broad scale' because software can be easily replicated. But it also said that a decision that goes too far the other way could make nuisance software patent infringement lawsuits too easy to file." The case was heard today; here is a transcript (PDF), and a clear explanation of what the case is about.

Comments

Re:I Can't Believe This

[DRJlaw]

Great, you're free to have those agreements but Bowman didn't sign it.

Yes, he did. Spefically, as reported by the Court of Appeals (thank Slashdot for the odd character mappings):

Pioneer HiÃ"Bred (ÃoePioneerÃ) is one of Monsanto's licensed seed producers. à In 2002, Pioneer sold Pioneer HiÃ"Bredî brand seeds containing the Roundup Readyî technology to Bowman, a grower in Knox County, Indiana. à In making the sale, Pioneer required Bowman to execute the ÃoePioneer HiÃ"Bred Technology Agreement,à which contains language and restrictions identical to the Technology Agreements discussed above. à See J.A. 673. à Bowman purchased from Pioneer and planted seeds containing the Roundup Readyî technology each year, beginning as early as 1999. à Bowman planted Roundup Readyî seeds as his first-crop in each growing season during the years 1999 through 2007. à Consistent with the terms of the Technology Agreement, Bowman did not save seed from his first-crop during any of those years.

In 1999, Bowman also purchased commodity seed from a local grain elevator, Huey Soil Service, for a late-season planting, or Ãoesecond-crop.à à Because Bowman considered the second-crop to be a riskier planting, he purchased the commodity seed to avoid paying the significantly higher price for Pioneer's Roundup Readyî seed. à That same year, Bowman applied glyphosate-based herbicide to the fields in which he had planted the commodity seeds to control weeds and to determine whether the plants would exhibit glyphosate resistance. à He confirmed that many of the plants were, indeed, resistant. à In each subsequent year, from 2000 through 2007, Bowman treated his second-crop with glyphosate-based herbicide. à Unlike his first-crop, Bowman saved the seed harvested from his second-crop for replanting additional second-crops in later years. à He also supplemented his second-crop planting supply with periodic additional purchases of commodity seed from the grain elevator. à Bowman did not attempt to hide his activities, and he candidly explained his practices with respect to his second-crop soybeans in various correspondence with Monsanto's representatives.

Returning to the parent:

I'll be sure to remind everyone that Monsanto seed can result in ruination if they find their way back into the soil. Then we'll see how your sales do, mmkay?

I'll be sure to remind everyone that you lack credibility, and that Monsanto has only been pursuing people who intentionally violate its patents.