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Plant a Seed, Get Sued? 732

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.
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Plant a Seed, Get Sued?

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  • by ackthpt ( 218170 ) * on Friday January 14, 2005 @07:20PM (#11369354) Homepage Journal
    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.

    • 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.
    • Great defense? (Score:5, Interesting)

      by ForThePeople ( 774513 ) on Friday January 14, 2005 @08:32PM (#11370089)
      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?
    • by TekPolitik ( 147802 ) on Saturday January 15, 2005 @04:55PM (#11375393) Journal
      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.
  • first post (Score:3, Interesting)

    by Anonymous Coward on Friday January 14, 2005 @07:21PM (#11369365)
    simple for the farmers. Don't buy their seeds.
    • Re:first post (Score:5, Interesting)

      by Marxist Hacker 42 ( 638312 ) * <seebert42@gmail.com> on Friday January 14, 2005 @07:24PM (#11369400) Homepage Journal
      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.
      • Re:first post (Score:3, Insightful)

        by still_sick ( 585332 ) *
        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.
      • Re:first post (Score:4, Insightful)

        by bob beta ( 778094 ) on Friday January 14, 2005 @07:29PM (#11369453)
        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.
        • Re:first post (Score:3, Informative)

          by Anonymous Coward
          You might like to read this:

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

          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 batt
          • 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.
          • Re:first post (Score:4, Insightful)

            by mikael ( 484 ) on Saturday January 15, 2005 @01:02PM (#11373966)
            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.
      • by Anonymous Coward
        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.
      • Re:first post (Score:4, Insightful)

        by EEBaum ( 520514 ) on Friday January 14, 2005 @07:31PM (#11369484) Homepage
        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.
      • Re:first post (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.

      • This is pure evil! (Score:5, Insightful)

        by node 3 ( 115640 ) on Friday January 14, 2005 @08:56PM (#11370283)
        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.
        • "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...
        • by nicklott ( 533496 ) on Saturday January 15, 2005 @04:11AM (#11372083)
          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...

      • by smiggly ( 235904 ) on Friday January 14, 2005 @09:01PM (#11370323)
        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.
    • Re:first post (Score:2, Informative)

      by whopis ( 465819 )
      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
    • by Chris Burke ( 6130 ) on Friday January 14, 2005 @08:46PM (#11370205) Homepage
      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.
  • Sounds like the final nail in the coffin for the independant (non-corporate) American Farmer.
    • 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

    • 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.
    • 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.
      • by Chris Burke ( 6130 ) on Friday January 14, 2005 @08:36PM (#11370130) Homepage
        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...
  • by lisany ( 700361 )
    A company wanting to rape the world's farmers for more money! GOOOO Capitalism!
  • by Anonymous Coward on Friday January 14, 2005 @07:23PM (#11369384)
    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.
    • 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.
      • by abulafia ( 7826 ) on Saturday January 15, 2005 @03:20AM (#11371936)
        Anyone who cares about this massive travesty, take a look at the gene bank [www.ngb.se].

        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.

  • 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.
    • 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.
    • 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.
    • "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
  • 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?
  • Wha...? (Score:5, Insightful)

    by Reality Master 101 ( 179095 ) <RealityMaster101 @ g m ail.com> on Friday January 14, 2005 @07:25PM (#11369404) Homepage Journal
    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?

    • Re:Wha...? (Score:5, Insightful)

      by Anonymous Coward on Friday January 14, 2005 @07:28PM (#11369446)
      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.

      • Re:Wha...? (Score:5, Insightful)

        by Geekenstein ( 199041 ) on Friday January 14, 2005 @07:49PM (#11369676)
        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. ;)
        • Re:Wha...? (Score:3, Insightful)

          by jsebrech ( 525647 )
          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
      • by Anonymous Coward on Friday January 14, 2005 @07:49PM (#11369677)
        "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".
    • Re:Wha...? (Score:5, Informative)

      by srleffler ( 721400 ) on Friday January 14, 2005 @07:37PM (#11369540)
      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.
      • Re:Wha...? (Score:5, Insightful)

        by Quikah ( 14419 ) on Friday January 14, 2005 @08:46PM (#11370211)
        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 [fct-cf.gc.ca]. He should have contacted Monsanto to get them to remove the plants from his property as two other farmers testified they had done.
        • Re:Wha...? (Score:3, Insightful)

          by swv3752 ( 187722 )
          Why? Why should he have to go through the trouble of losing over half his crop because Monsanto release gengineered crops into the wild?
          • Re:Wha...? (Score:3, Insightful)

            by Quikah ( 14419 )
            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.
            • Re:Wha...? (Score:4, Insightful)

              by Alsee ( 515537 ) on Saturday January 15, 2005 @06:31PM (#11375875) Homepage
              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".

              -
      • by AtomicBomb ( 173897 ) on Friday January 14, 2005 @09:33PM (#11370543) Homepage
        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 ;)
  • by still_sick ( 585332 ) * on Friday January 14, 2005 @07:26PM (#11369410)
    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.
  • Not Just Corn... (Score:3, Insightful)

    by Mister Transistor ( 259842 ) on Friday January 14, 2005 @07:28PM (#11369438) Journal
    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!

  • Re: (Score:2, Insightful)

    Comment removed based on user account deletion
  • by jago25_98 ( 566531 ) <slashdot.phonic@pw> on Friday January 14, 2005 @07:28PM (#11369445) Homepage Journal


    I may apply this to my daughter.
  • 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
  • by Momomoto ( 118483 ) on Friday January 14, 2005 @07:29PM (#11369464) Homepage
    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.
    • 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 caus
    • Parent is Incorrect (Score:5, Interesting)

      by gerf ( 532474 ) on Friday January 14, 2005 @09:38PM (#11370568) Journal

      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.

  • Old news (Score:3, Informative)

    by flossie ( 135232 ) on Friday January 14, 2005 @07:30PM (#11369474) Homepage
    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.
    • 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
  • Obvious question (Score:5, Interesting)

    by nuclear305 ( 674185 ) * on Friday January 14, 2005 @07:31PM (#11369480)
    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?
  • by jayhawk88 ( 160512 ) <jayhawk88@gmail.com> on Friday January 14, 2005 @07:32PM (#11369490)
    ...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.
  • Sue the birds... (Score:2, Insightful)

    by chevybowtie ( 96127 )
    ...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?

  • by gl4ss ( 559668 ) on Friday January 14, 2005 @07:32PM (#11369496) Homepage Journal
    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.
  • 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

  • by frovingslosh ( 582462 ) on Friday January 14, 2005 @07:42PM (#11369602)
    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.

  • Viral Marketing (Score:3, Insightful)

    by Doc Ruby ( 173196 ) on Friday January 14, 2005 @07:45PM (#11369630) Homepage Journal
    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.
  • Big issue in ROW (Score:5, Interesting)

    by Spudley ( 171066 ) on Friday January 14, 2005 @08:00PM (#11369793) Homepage Journal
    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.
  • by tdhillman ( 839276 ) * on Friday January 14, 2005 @08:04PM (#11369823)
    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.

    • by Barlo_Mung_42 ( 411228 ) on Friday January 14, 2005 @08:17PM (#11369956) Homepage
      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.
  • by cdn-programmer ( 468978 ) <[ten.cigolarret] [ta] [rret]> on Friday January 14, 2005 @08:11PM (#11369909)
    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.
  • by Dr. GeneMachine ( 720233 ) on Friday January 14, 2005 @08:14PM (#11369931)
    ... 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.
  • 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.

  • 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.

  • by blackhaze ( 773215 ) on Saturday January 15, 2005 @12:12AM (#11371413)
    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
  • by sonicattack ( 554038 ) on Saturday January 15, 2005 @05:37AM (#11372302) Homepage
    Monsanto is selling what they call "Terminator technology" (first reference I found: http://www.organicconsumers.org/ge/sterileSeed.htm [organicconsumers.org]) 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.

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