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Farmer, marketer at odds over sales of white nectarines

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Re: Farmer, marketer at odds over sales of white nectarines

#121
post #59

Earlier quoted context omitted.

Would you bar a contract for the productivity of a tree for a given period of time, with a clause dictating how excess produce is to be disposed of?

yes, there should be no excess that needs to be disposed. if you produce excess you should reduce production.

Notably, US healthcare is run with this mindset. Perfect planning for exactly the capacity that we need.

Works "great".

Re: Farmer, marketer at odds over sales of white nectarines

#122
post #59

Earlier quoted context omitted.

yes, there should be no excess that needs to be disposed. if you produce excess you should reduce production.

Notably, US healthcare is run with this mindset. Perfect planning for exactly the capacity that we need. Works "great".

sorry, i wasn't clear. i am specifically talking about excess that needs to be destroyed in order to keep prices up. meaning, artificially reducing the supply by creating waste.

Re: Farmer, marketer at odds over sales of white nectarines

#123
post #76
post #54

Earlier quoted context omitted.

I appreciate when somebody speaks with conviction about their beliefs.

What's the purpose of communication? Is it to convince, or to preach to the choir/your side? If it's the former, I doubt summarily labeling everything "evil" or "a human right" is going to change any minds. If it's the latter, what's even the point? Is it to make you feel good about yourself or make yourself look good in front of your activist friends?

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Re: Farmer, marketer at odds over sales of white nectarines

#124
post #64

Earlier quoted context omitted.

> how are you proposing incentivizing developing new varietals if nobody can have patents on any breeds at all? How do academics make scientific discoveries if the results are public? Government, industry, and private patronage. People want better crops, they’ll fund and make contests for them

Well, yes. That's what is happening. The contest is called "market" and "the people" reward competitors by paying them. Patents are used to enforce the rules so that competitors don't cheat. Selective breeding requires sometimes _decades_ of commitment and a lot of very boring work. This is not a good fit for academia and even worse fit for government programs.

> _decades_ of commitment and a lot of very boring work

Sounds like it's ripe for AI automation. Need less of this nonsense about restricting access because "effort should be rewarded with exclusivity".

Re: Farmer, marketer at odds over sales of white nectarines

#125
post #102

Earlier quoted context omitted.

What I don’t understand is, _how_ it doesn’t depend on a patent right. How do you license something that doesn’t depend on a licensable right? If it isn’t a patent right, exactly _what_ is he purchasing a license to? If it’s purely an agreement of exclusivity to Giumarra, it can’t be called a “sub license” and the consequence is just a breach of contract (which is what it sounds like). But in that case I’m sure there…

it could be seeds, rootstalk, cash, loans a future purchase guarantee. There is basically an endless list of reasons the contract could have been initially attractive for the farmer. As you say, it mostly comes down to what the parties agreed to about exiting the contract.

But all of those things are an agreement with consideration; a "license" is a permission to use some property. If not a patent, what is the "thing" that the farmer is licensing from the company.

It's fine to say "there was an agreement that the farmer would grant exclusive rights to the produce of the trees, in exchange for seeds, rootstalk or cash", but that's not a license. I don't understand that aspect of this at all. The articles consistently talk about a "license", not other consideration such as the aforementioned seeds or a guaranteed purchase.

The only "property" that could conceivably be licensed in such a manner is a patent - other forms of IP such as copyright or trademark wouldn't enter into it. And any other property doesn't make sense because... well... the only property here is the farm and the trees, which are the undisputed property of the farmer.

It just feels like a very loose usage of the word "license".

Re: Farmer, marketer at odds over sales of white nectarines

#127

Earlier quoted context omitted.

Essentially all commercial apple trees are grafted and don't reproduce true to seed. Been this way for almost a century now.

Them doing it for a certain amount of time does not make it any less egregious. I'm not sure if you're just stating fact or wanting to use it as a rebuttal. I hope the former.

Apples don't breed true.

You plant a seed, you have very little idea of whether the apples will be good. This isn't a modern evil, this is simply how apples are.

Re: Farmer, marketer at odds over sales of white nectarines

#128
post #50
post #6

Patents on food crops, even genetically engineered ones, are evil. ALL our staple food crops and most non staples are genetically engineered by millennia of cultivation and selective breeding; CRISPR is just a fancy mechanism for what we’ve always done to food. Regulations that prevent farmers from selling food that is safe, are evil. It doesn’t matter how well intentioned the regulation is. Any government functionar…

> ALL our staple food crops and most non staples are genetically engineered by millennia of cultivation and selective breeding And during the last 100 years, the yields for many types of plants have grown several _times_ because of modern selective breeding methods. Here's a nice graph for cereals: https://en.wikipedia.org/wiki/File:Index-of-cereal-productio... So you want to go back hundreds of years and force peopl…

Many yield increases are due more to increased fertilizer availability. You don't want to grow ulta-large-super-crop if it means you suck 95% of the fertilizer from the soil and can't replace it. Even if you could breed the plant 100 years ago, nobody would want to use it if it sucked their topsoil layer away in a few years. Or if it was nutrient limited already, those plants would simply not grow as large or have as much yield.

Re: Farmer, marketer at odds over sales of white nectarines

#129

Earlier quoted context omitted.

I can go for a month, probably longer, without, say, the internet. I could also go a month without food, maybe, but there are people who can't. Food is different because it is essential to life.

The food that is patented isn't essential to life, though. Essentially all of humanity has lived all of it's lifetimes without this modern varietal of nectarines just fine. There are certainly tons of cases where modern developments might be actually essentially to life or extend life like with medication, medical devices, temperature control, moves to modern electric technologies versus combustion to reduce pollutio…

My point isn't about a particular breed of nectarines, it's that they are part of a class of goods - food - that isn't optional at any time for any human on earth, and laws have tended to support the view that survival is a fundamental human value. In cases where the choice is between survival and innovation, it isn't unreasonable for survival to take precedence.

Re: Farmer, marketer at odds over sales of white nectarines

#130
post #42

Earlier quoted context omitted.

I can go for a month, probably longer, without, say, the internet. I could also go a month without food, maybe, but there are people who can't. Food is different because it is essential to life.

This relates in no way to the availability of food, which in the US at least is high enough that starvation is the preserve of the terminally ill, anorexic/bulimic, addicted and indigent, rather than people who can't find calories to eat. This is almost entirely an economic issue that would be a lot easier to discuss without the incessant and repetitive emotional comments.

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