Monsanto wins landmark patent case in Supreme Court
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Re: Monsanto wins landmark patent case in Supreme Court
#2IANAL but it seems especially bad that the verdict was unanimous. I guess it really is time to shutter the USDA, because any pretense that this government supports the farmer, rather than the same corporate interests that all other agencies do, is demolished at this point.
Re: Monsanto wins landmark patent case in Supreme Court
#3Although many people hate to see Monsanto win, it seems clear that this case was well considered, and that the license was violated here. No one should be surprised that Monsanto won this one.
However, the passage of the Farmer Assurance Provision aka. "The Monsanto Protection Act" is a much more horrific legislative end-run around the will of the people.
Re: Monsanto wins landmark patent case in Supreme Court
#4IANAL but it seems especially bad that the verdict was unanimous . I guess it really is time to shutter the USDA, because any pretense that this government supports the farmer, rather than the same corporate interests that all other agencies do, is demolished at this point.
Can't farmers still use non-Monsanto seeds like they could 100 years ago? My grandpa's small family farm has been doing just fine without for decades, after all.
I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies), but what's the incentive to develop "superior" seeds if the first farmer who buys them can farm them and resell them at a lower cost until the end of time?
Maybe we need a different type of IP protection for this kind of thing: If you're able to independently reproduce this patented gene on your own then by all means utilize it, otherwise buy from us. But I find it hard to find the farmer wholly sympathetic on this whole thing.
And after all, this decision makes its harder to introduce those supposedly-evil GMOs in our American farms, so this should really be considered a victory, amirite?
Re: Monsanto wins landmark patent case in Supreme Court
#5IANAL but it seems especially bad that the verdict was unanimous . I guess it really is time to shutter the USDA, because any pretense that this government supports the farmer, rather than the same corporate interests that all other agencies do, is demolished at this point.
Can't farmers still use non-Monsanto seeds like they could 100 years ago? My grandpa's small family farm has been doing just fine without for decades, after all. I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies), but what's the incentive to develop "superior" seeds if the first farmer who buys them can farm…
>> I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies)
Can you name any YC-backed companies whose products are widely suspected to be causing unprecedented harm to society (or at least have the potential to) but are getting increasing legal immunity? We also hate corporations that enforce patents in software because it's ridiculous to patent software - how about patenting genetic codes?
Re: Monsanto wins landmark patent case in Supreme Court
#6Once again regarding this story: to understand what's happening here, it's very important that you understand that the farmer didn't just acquire Monsanto seeds, but also used glyphospate herbicides on the crops. The point of Monsanto's invention is that it survives Roundup; if you spray Roundup on normal crops, they die.
Most people who see this story play out seem to think that it implies a Monsanto seed could blow onto your field and then get you sued. But of course, if you didn't know you were planting Monsanto seeds, you wouldn't think to try to kill them with Roundup.
Re: Monsanto wins landmark patent case in Supreme Court
#7IANAL but it seems especially bad that the verdict was unanimous . I guess it really is time to shutter the USDA, because any pretense that this government supports the farmer, rather than the same corporate interests that all other agencies do, is demolished at this point.
Can't farmers still use non-Monsanto seeds like they could 100 years ago? My grandpa's small family farm has been doing just fine without for decades, after all. I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies), but what's the incentive to develop "superior" seeds if the first farmer who buys them can farm…
The court record strongly suggests that farmers can acquire Monsanto seeds and treat them like normal crops; I've looked for cases where Monsanto sued someone that hadn't allegedly sprayed Roundup on their crops and came up blank (but would welcome a counterexample).
Re: Monsanto wins landmark patent case in Supreme Court
#8Earlier quoted context omitted.
Can't farmers still use non-Monsanto seeds like they could 100 years ago? My grandpa's small family farm has been doing just fine without for decades, after all. I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies), but what's the incentive to develop "superior" seeds if the first farmer who buys them can farm…
>> I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies) Can you name any YC-backed companies whose products are widely suspected to be causing unprecedented harm to society (or at least have the potential to) but are getting increasing legal immunity? We also hate corporations that enforce patents in software b…
What "unprecedented harm" are you referring to here?
Re: Monsanto wins landmark patent case in Supreme Court
#9IANAL but it seems especially bad that the verdict was unanimous . I guess it really is time to shutter the USDA, because any pretense that this government supports the farmer, rather than the same corporate interests that all other agencies do, is demolished at this point.
The ruling punted the issue of blown seeds, it was specific to this case - that the farmer knew and exploited a loophole to get 2nd gen crops while still agreeing not to.
Now, I disagree with the decision, but only on ideological grounds. From a rights standpoint, this ruling won't really answer the question of the canadian farmer and wind-blown Monsanto seeds.
Re: Monsanto wins landmark patent case in Supreme Court
#10Earlier quoted context omitted.
Can't farmers still use non-Monsanto seeds like they could 100 years ago? My grandpa's small family farm has been doing just fine without for decades, after all. I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies), but what's the incentive to develop "superior" seeds if the first farmer who buys them can farm…
>> I get that we're all supposed to hate Monsanto because they're a corporation (something which they apparently don't have in common with the YC-backed companies) Can you name any YC-backed companies whose products are widely suspected to be causing unprecedented harm to society (or at least have the potential to) but are getting increasing legal immunity? We also hate corporations that enforce patents in software b…
Well, Hipmunk (to pick a random one I've happened to use before) makes it easier to fly around, which causes increased carbon emissions into the atmosphere, which causes increased sea levels and higher global temperatures. YC is funding the destruction of the planet!
> We also hate corporations that enforce patents in software because it's ridiculous to patent software - how about patenting genetic codes?
Well, that's why I mentioned alternative IP regimes. I don't believe one should be able to patent a "natural fact" (such as my own genes), but I also don't feel that the skill and capital required to move genes from one cell to another in a manner which is still viable and ends up being more useful is completely immaterial.
For software programs we have copyright, not patent, to protect us. Let me be very clear, I'm a big fan of the GPL, and it requires a strong IP regime to work.
But I'm not sure that "copyright" would apply exactly to genetic code either, though maybe Monsanto could make that work. Pick your poison. :P