Monsanto's case against Indiana farmer goes to Supreme Court

[ultra...good]

Monsanto is eVIL ,I seen them do that to a Canadian farmer in a worse way, pollen blew from one field to his ,Monsanto sued him for stealing , that is so wrong. SCREW Monsanto. I wont buy nothing of theirs if I can help it.

This was a case study that we were assigned in my earlier college years. I only wish I could remember the names to specifically cite as Monsanto admitted in court that the farmer had not stolen or used his seeds, rather that it was naturally carried into that farmers field. The farmer was trying to counter sue them because he was trying to maintain an organic operation. The farmer lost the case and had to pay Monsanto even though their product ruined his field.

 

[wagyu52]

This guy was double cropping beans where he harvested wheat in the summer, two crops in one year, very risky as you can loose the bean crop to a early frost. To minimize his risk and save money he planted bin run beans. Anybody that has experience with a Monsanto tech fee agreement knows that what he did is a no no.
He could have just a easily raised some non GMO beans and planted his own "cheap" seed and avoided this all together. I have no sympathy for him, he took advantage of havering a Roundup ready product without paying for it, which ends up costing all of us who abide buy Monsanto's agreement more money and more legal crap from Monsanto.

 

[RockofStrength]

It bears mentioning that small-time growers can find organic seed for most plants, even corn and wheat, reasonably quickly with a bit of google-fu. You can find it to grow yourself if you have the time and the land for it.

The trick, as many more knowledgeable than I have noted, is getting it in large-scale farming quantities. How is it that Microsoft and Apple both get slapped but Monsanto can apparently rule the roost?

 

[Hogwylde]

Isn't this a DUPE of Cathyinblue's post of a week ago???

https://www.indianagunowners.com/fo...us_monsanto_vs_bowman.html?highlight=monsanto

 

[CathyInBlue]

Yes, it is, but I wasn't going to say anything.

I view this more as the natural fall out of environmental pollution. Monsanto's proprietary genes are being wafted all over creation where people don't want them, resulting in them turning up in lines that never had them before. They don't get to claim other people's property just because their plant spooge gets on it.

 

[NathanJefferson]

Ooh, yes. Crossed wires.

I've not heard of the restrictions on seed drying facilities. Do you have any links handy? (I can look them up later if not.)

Why don't we hear about any of these problems from the other seed "manufacturers" though? And unless Monsanto is just a parent company and the seeds are labeled by another name, I can say with a fair degree of confidence that Monsanto is NOT the main source of seed around these parts. Not based on the signage at the end of the fields anyway.

The main driver is that he did NOT buy from Monsanto and is NOT party to the standard agreement that every other farmer who does buy from Monsanto.

The grain elevator that sold him seed may be liable for a breach of contract, but this farmer is not a party of that contract and damages should be sought at the grain elevator instead of this old man.

(unless I've completely misread the story...)

IMHO, I agree **** Monsanto. I don't agree with patenting season of crop after season of crop, BUT a binding contract between seller and buyer is a binding contract and therefore unless someone breaks the contract there is no need for the patent (until natural processes like cross pollination happen, but by the time that is rampant your patent would likely be over).

 

[wagyu52]

The main driver is that he did NOT buy from Monsanto and is NOT party to the standard agreement that every other farmer who does buy from Monsanto.

The grain elevator that sold him seed may be liable for a breach of contract, but this farmer is not a party of that contract and damages should be sought at the grain elevator instead of this old man.

(unless I've completely misread the story...)

IMHO, I agree **** Monsanto. I don't agree with patenting season of crop after season of crop, BUT a binding contract between seller and buyer is a binding contract and therefore unless someone breaks the contract there is no need for the patent (until natural processes like cross pollination happen, but by the time that is rampant your patent would likely be over).

You are not understanding that Monsanto agreement is for the technology, not the bean seed. In the article he openly admits to using the technology and signing a tech agreement. I don't have an agreement in front of me, but I am sure that Monsanto covered their butt on this and extended it to include any Monsanto technology you use.
Had he bought bin run beans and not used the technology (by this I mean he sprayed the beans with Round up herbicide) and never signed a tech agreement I would look at this differently. He new what he was doing, he is not the first one to get caught, he just refuse to pay the tech fee.
I don't think the elevator is in trouble, they didn't sell him the beans with the intent for him to plant them. No mention in the article anyway that they cleaned, bagged and sold them as seed.

 

[Zoub]

This reminds me of the Coke lawsuits in the 70's. one day I was reading U.S. news and world report......."hey Dad, your Brother is in an article. He is being sued by Coke for serving Pepsi when people asked for Bourbon and Coke."

The little guy does not win these suits. Now you all know where the proud server of Pepsi products signs came from. My Uncle lived in a Pepsi bottling town. Coke documented his transgressions almost 100 times before suing.

In this case the farmer knew what he was setting out to do before he did it. The real issue is the lack of seed supply and other things. Support your local organic growers, brewers and others.

 

[steveh_131]

You are not understanding that Monsanto agreement is for the technology, not the bean seed. In the article he openly admits to using the technology and signing a tech agreement. I don't have an agreement in front of me, but I am sure that Monsanto covered their butt on this and extended it to include any Monsanto technology you use.
Had he bought bin run beans and not used the technology (by this I mean he sprayed the beans with Round up herbicide) and never signed a tech agreement I would look at this differently. He new what he was doing, he is not the first one to get caught, he just refuse to pay the tech fee.
I don't think the elevator is in trouble, they didn't sell him the beans with the intent for him to plant them. No mention in the article anyway that they cleaned, bagged and sold them as seed.

You should read the PDF I linked.

Monsanto has no problem getting their hands dirty.

 

[Tsigos]

It didn't take long after Saddam was toppled for Monsanto to lobby for mandated GMO protection. Look up "Iraqi Order 81".

That said, I don't believe they are evil, just a corporation doing what they do - make profit. Unless restricted, corporations will use every tool in their arsenal to maximize profits. In fact, legally they owe a fiduciary duty to their shareholders to maximize profits. Free market at work.

 

[rambone]

It didn't take long after Saddam was toppled for Monsanto to lobby for mandated GMO protection. Look up "Iraqi Order 81".

That said, I don't believe they are evil, just a corporation doing what they do - make profit. Unless restricted, corporations will use every tool in their arsenal to maximize profits. In fact, legally they owe a fiduciary duty to their shareholders to maximize profits. Free market at work.

Monsanto runs the FDA. This is anything but a free market.

 

[edporch]

I use "Round Up soybeans" for my crop, and do follow the agreement.
I have NO problem with that.

But what if MY soybeans cross pollinate with my neighbor's Non-GMO soybeans?

Then he harvests them, takes them to the elevator to sell them, and they test positive as GMO soybeans.
OR he does like he has in the past and holds back some of his harvest to plant next year's crop.

It's WRONG to penalize him for something he had no control over.

THIS is the issue that isn't being addressed.

 

[Bunnykid68]

I use "Round Up soybeans" for my crop, and do follow the agreement.
I have NO problem with that.

But what if MY soybeans cross pollinate with my neighbor's Non-GMO soybeans?

Then he harvests them, takes them to the elevator to sell them, and they test positive as GMO soybeans.
OR he does like he has in the past and holds back some of his harvest to plant next year's crop.

It's WRONG to penalize him for something he had no control over.

THIS is the issue that isn't being addressed.

Yep, it should be treated as an act of God.

 

[wagyu52]

I use "Round Up soybeans" for my crop, and do follow the agreement.
I have NO problem with that.

But what if MY soybeans cross pollinate with my neighbor's Non-GMO soybeans?

Then he harvests them, takes them to the elevator to sell them, and they test positive as GMO soybeans.
OR he does like he has in the past and holds back some of his harvest to plant next year's crop.

It's WRONG to penalize him for something he had no control over.

THIS is the issue that isn't being addressed.

Soybeans are a self pollinating plant, the GMO cross pollination problem is with alfalfa and corn.
I fail to see your point, farmers that raise specialty crops were cross pollination with another crop is concerned always plant sacrificial borders. My neighbor raises seed corn next to my field corn, it is his responsibility to make sure his crop is pollinated correctly, not mine.

 

[steveh_131]

I fail to see your point, farmers that raise specialty crops were cross pollination with another crop is concerned always plant sacrificial borders. My neighbor raises seed corn next to my field corn, it is his responsibility to make sure his crop is pollinated correctly, not mine.

His point is that a farmer can have Monsanto patented crap growing in his fields that he did not plant and didn't even know that he had.

And he can then be sued for having it.

 

[Bunnykid68]

His point is that a farmer can have Monsanto patented crap growing in his fields that he did not plant and didn't even know that he had.

And he can then be sued for having it.

Good point too.
Pollen from just about any plant is capable of traveling miles, many miles

 

[wagyu52]

His point is that a farmer can have Monsanto patented crap growing in his fields that he did not plant and didn't even know that he had.

And he can then be sued for having it.

You do understand that his example is wrong, soybeans are self pollinated. A soybean plant has to purposefully pollinated with pollen other than its own to be cross pollinated.

Your example is also false, a plant growing in the field cannot be just transformed into a GMO plant. In field corn its progeny can be cross pollinated, this problem is nothing new, it's been around for almost 100 yrs. The only way one can prevent your corn from being pollinated by foreign pollen is with a preventive border. Pollen can travel many miles but gets used up within the first few feet of a field. Seed corn growers usually only leave a border of around 40 ft or so to maintain purity between hybrids.

 

[Survivalcookie]

It bears mentioning that small-time growers can find organic seed for most plants, even corn and wheat, reasonably quickly with a bit of google-fu. You can find it to grow yourself if you have the time and the land for it.

The trick, as many more knowledgeable than I have noted, is getting it in large-scale farming quantities. How is it that Microsoft and Apple both get slapped but Monsanto can apparently rule the roost?

Due to pollination it is almost impossible to get non-GMO corn seed. Monsanto and the government wants to control our food production...look at the bills about backyard gardens that came up a couple years ago.

 

[Yes]

I'd love to get a moment alone deep in the woods with someone who works for monsanto.

 

[griffin]

My neighbor raises seed corn next to my field corn, it is his responsibility to make sure his crop is pollinated correctly

You have got to be kidding. So a man can't use all his land to plant crops because of something someone else does?

I find that both hard to believe and anti-American.