Monsanto Sued By Organic Farmers Who Don't Want To Be Accused Of Patent Infringement
from the patent-madness dept
Monsanto's incredibly overaggressive use of patents to corner the market on certain crops and to bully farmers has been well-documented over the years. Some of the really crazy stories involve Monsanto accusing farmers of patent infringement, because some of its "patented" seeds were used by neighboring farms, and the newly grown seeds were blown onto the neighboring property by wind, where they grew new plants. Now, a group of organic farmers fearful of being hit with similar threats and/or lawsuits have preemptively sued Monsanto asking for a declaratory judgment that they don't infringe, while also seeking to invalidate the patents. The full filing, embedded below, includes a description of why the farmers think that Monsanto's patents are invalid anyway, including the claim that Monsanto's modified seeds were not actually "useful" (it cites multiple studies debunking claims by Monsanto of the advantages of its seeds) and therefore, not patentable (since, in theory, patents are only allowed on "useful" inventions). Should make for an interesting case, though I would guess it won't get very far...Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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things like this go a long way towards explaining it.
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Diagrams
Flowcharts
Algorithms
Equations
...etc
Great, find out how to feed the world and then
Lock it up!
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Profit
From this simple arrangement, I get to eat, but I don't make any money. And if I tried to sell the sheep for money, it would be hard to make much at all. In order to really profit, I would need hundreds or thousands of sheep, but at that point, the simple, self-sustaining model kind of goes out of the window. I need hundreds of acres of land, I need vehicles and move around the land, I need thousands of feet of fence, and so on. And all of that eats into my profit.
I think this same model plays out in other aspects of food production. You can grow all the potatoes you and your family want to eat with almost nothing in terms of input or labor. But if you want to profit from potatoes, you have to scale up to a degree that your inputs threaten your profits.
So, the reason farmers aren't profitable, IMO, is not because we don't respect them (although we don't), but because food production and profit are inherently at odds with each other. And if you see anybody who IS profiting off of food production, you should ask yourself where they're getting that profit from. It is incredibly difficult to ethically, humanely, sustainably, healthfully, with good quality, and profitably produce food. If you see someone who is profiting on food production, ask yourself which of the other factors they're compromising on in order to get that profit.
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But as a common folk who disagrees on GMO, I fear this will contaminate a whole bunch of non-GMO with GMO crops, on a massive scale...
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Hell, the probably engineered things this way so that they would be the only source for the next strain of monoculture. Planned obsolescence, right?
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...also: terminator crops. because growing your own seed stock is forbidden.
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By going monoculture, all those humus turn into those light yellow soil that we typically associate with desert. I remember once driving from Montana to Washington and besides the highway it's hills and hills of yellow dirt dunes that is blowing up in strong wind and looks like a sandstorm. I was totally shocked. It's really hard to describe without actually seeing it yourself.
It wasn't until later I realized those are farms that just had their crops harvested and every bit of the land is laying bare. Monoculture have essentially destroyed all that land which used to be rolling meadows. Absolutely nothing grows in these yellow dirt. No bacteria, earthworms, little bugs, no bird or small animal of any kind. The whole thing just look like silent hills of death. Now they are essentially just dirt that won't grow anything unless you water it everyday (no moisture is retained) and put in massive amounts of fertilizer.
It really makes me sick in the stomach.
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Sue Monsanto
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Re: Sue Monsanto
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What is stopping Monsanto to secretly plan their seeds in fields of farmers that dare to oppose them. Thus later on crash those farmers with law suits?
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Re: Re: Re: Sue Monsanto
I have a theory on what might stop Monsanto from poisoning your field with their GM crops, or from "surveying" your land without your knowledge or say-so...
a high-powered rifle, a scope, and a good dose of get-off-my-land.
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Re: Re: Re: Re: Sue Monsanto
Buckshot is only mildly effective at stopping pollinating seeds blowing in the wind....
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Food for thought :)
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Re: Sue Monsanto
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Re: Sue Monsanto
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Fixed.
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This....
I grew up on a farm. I'm 33 years old and I grew up in Iowa on a farm with farms all around me.
Monsanto was whispered like "he who shall not be named" in farming communities. God forbid you did something to piss off Monsanto, then you couldn't get feed or seed or the chemicals necessary for daily life on the farms of America.
Monsanto alfalfa and GMO crops are going to literally be the end of the family farm, they're intent on suing everyone who isn't using their products into the dirt, god forbid you wanted to save seed! That's a mortal SIN in Monsanto's eyes.
The bullshit and patent abuse that goes on in the agricultural businesses is tantamount to family farmer genocide.
I strongly recommend you guys contact some state representative and senators and urge them to stop allowing corporations to strip rights from family farms. It's too late for any of the members of the House or Senate of any Midwestern state, they're so deep into the pockets of big agribusiness they likely share the same blood supply.
I pray, with every fiber that this is the straw that breaks Monsanto's back and begins the downfall of their pitiful existence.
That's all the rant I have in me for this afternoon, Sorry
Jojo
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Re: This....
The straw that would break them is:
1) A farmer having "his own genetic plant copyright"
2) Getting that contaminated with Monsanto IP
3) Demanding that Monsanto remove their IP from the seeds and return 'em to the farmer so he could plant 'em.
A proper reaction to the concept of "owning life".
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One farmer can be substituted for another but monstanto's tech is more unique... are you serious? I think Jojoyojimbi would disagree with you strongly. This is how little respect you show the people who grow your food?
Farming is a tough, tough work. I am sure 90% of us who hangs around here won't last 1/2 day on a farm. It takes a special kind of people to be farmers. I totally think it should be reversed, that anyone with that kind of money can do what monsanto is doing, but not everyone can be a good farmer.
look, I don't deny monsanto their accomplishment. Yeah, they did come up with new efficient way of doing agriculture. I am sure some ppl who worked for them truly believes this will increase food production and help solve issue. However, as a cooperation, they are one of the lowest common denominator to ever exists.
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It's not disrespectful to call someone substitutable. That's just how it is. You show a judge respect but one judge may as well be another.
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#GladwellLogic: We've had farmers for thousands of years before Monsanto, therefore Monsanto has no impact upon farming.
Greed is always short-sighted.
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If nothing else Monsanto should be sued for contaminating the crops of others, not the other way around.
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It finally hit me - what an epiphany! Now I know where the AC Troll mindset comes from regardless of the topic (music, farming, copyright, pharma, etc.) - it's the not-so-classic version of the golden rule - "He who has the gold makes the rule". Every single AC shill/troll (can we just call them shit-rolls?) fully supports any business method that is backed by ginormous stacks of money regardless of how it was obtained or whether it was legal or not! Want to know where the shit-rolls stand on an issue? Count the money and you'll have your answer!
Needle in a haystack scavenger hunt time: find posts here on TD where the shit-rolls support the side of the debate that DOESN'T already have the bankroll on their side. First post wins a date with Copyright Man!
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Contrarian: "Well it's a bad law because: Reason A, Reason B, Reason C plus these three arbitrary studies (citations) and the results."
Shit-roll: "Freetard! If you don't like the law change it!"
Contrarian: "That's exactly why I come to TD! So we can discuss the possible ramifications of the change, the reasons why change needs to be made (or not) and exactly what changes need to be made and why. Why are you here?"
Shit-roll: "Someone has to stick up for the "haves" while the have-nots are deprived of their personal freedom, liberties, and due process as accorded by the law. Have-nots, by their definition, will not be able to afford to defend themselves, thus we have the American public and society as a whole (aka "poor" suckers) in the crosshairs. Only the haves can use the law as a weapon, the have-nots will just have to hope they have some stupid legal defense (which we will change ASAP), if they can afford it."
Thanks for proving my point AC!
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Re: Ron Rezendes
Non-GMO .... right?
Cue Homer Simpson: > Mmmmmmm shit-rolls [ drools ]
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You're being sarcastic, right?
You can't be serious, surely?
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If they're THAT big, why don't they actually give they're tech away so that they might be helping the world. That's right some of their crops are contaminating ACTUAL edible crops. NVM.
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Agribiz is so short-sighted, in their attempt to make themselves the kings and we the peasants, they may kill us all. A sociopathic corporation in full form.
For a more fanciful (but sadly, not far-fetched) view of a future in which dead-end seeds, patents on grains and biological warfare make for a pretty dismal planet, read "The Windup Girl" by Bacigalupi. It's really good.
And actually the author intersects nicely with this blog, as he has offered up 3 of his short stories in a free pdf here: http://www.thinkgalactic.org/current-reading-list/2009-reading-list/bacigalupi-think_galactic_reader -pdf/
(and I believe you can also buy his e-books drm-free).
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In a fantasy world. In the real world it's just a great way to get thrown in jail. If they're smart, they wouldn't do it from the ground anyways. This needs to be fixed in court, not by a lynching mob.
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Re: Stupid? Really
And if you don't believe courts can be 'owned' just look at Southeast Texas...
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Farm's a big place . . . just sayin'.
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I think there was a guy that self imolated himself after his cart of "illegal" vegetables was sized and sparked something big in some parts of the world.
Also you can see some angry people in Winsconsin and in London.
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Ah, Monsanto.
If Monsanto isn't killing us, so too is the FDA, who ensures we'll never see our foods properly labeled with one of the most unforgiving bacteria the human body should have to deal with.
Throw in the fact farmers are now being sued for patent infringement, and well, I take create comfort our elected officials can proudly state they're stopping this "unadulterated theft" through civil action and appropriate changes to federal and state law.
Now you know why COICA was backed by Senator Bayh. Either this, or because Eli Lilly is located in our home state.
Is it okay for a grown man to cry?
I agree with the last part of the article in this case won't get very far.
That sentence states so much what's wrong with this country.
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Re: Ah, Monsanto.
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there's a few things your body Needs for digesting food and such that, if they get into other parts of your system, can be quite dangerous. i'm guessing this is one of them.
i also seem to remember there being several different varieties of E.coli? but i may be thinking of something else.
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Re: Re: Ah, Monsanto.
I'll wait patiently whilst not holding my breath.
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Monsanto is Public Enemy #1
Suing farmers who are the recipient of wind blown GMO seed? How the hell did that happen? Farmers should be suing Monsanto for polluting their land.
Suing Organic growers for labeling their food "No GMO" or "No GMH" and claiming defamation because it *implies* that having GMO or GMH is bad? How about allowing the public the right to know what is in their food?
If the Tea Party really wants to get Government out of their pockets and saving consumers and tax payers $billions - then attack the farm subsidies, milk subsidies, sugar import bans, sugar quota rules, and ethanol subsidies and let corn, sugar, and milk sell at the real-world levels. Stop paying growers to not grow!
Monsanto is not helping anyone other than themselves. They've polluted our food, they've made it more expensive to grow, and they've all but killed the independent grower. $4.50/lb for cereal my ass!
I wish these farmers much luck. I am willing to contribute to their defense fund. Where do I send the check?
Fricken Monsanto.
-CF
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Re: Monsanto is Public Enemy #1
Exactly. If a company asserts that it is entitled for remuneration due to so-called "infringement", then it logically follow that the company should be liable for any damages caused by their so-called "intellectual property".
If the organic farmers turn out to benefit, call it an unsolicited "gift". After all if Monsanto can't control its so-called "intellectual property" why should the organic farmers be guilty of infringement? It's NOT the responsibility of the Organic Farmers to do genetic testing to verify that they are not infringing.
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Re: Re: Monsanto is Public Enemy #1
Keywords to look up in google: "Codex Alimentarius" "Terminator Seeds" "NWO" "Illuminati"
Yes, the conspiracy nuts finally figured out that this is a massive illumi-nazi company to capitalize every aspects of human life.
Don't get me wrong, the conspiracy nuts have moles inside every company (wherever they can put moles), but it's too easy for an average person to say it's bullshit, because the mass media always discredit the geeks who think something evil is lurking in the dark.
Sure, there is something evil lurking under the gardens.
Some of their great products that made history:
-Cyklon-B (yeah made for the guy with the funny moustache)
-DDT
-Agent Orange
-Dioxine
And their marketing? All their poison containers look like "rainbows and cotton candy will pop out if you uncap them"
A black bottle, with big yellow label and black death head and all capital letters shouting "this is f***ing poison and it kills every living thing around, including you" wouldn't sell much I guess...
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I'm an actual farmer.
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Re: I'm an actual farmer.
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and if your local producers and manufacturers cannot compete with imports, the correct responce would be to add tariffs to the imports, not subsidies to the production... also: only to a point. past a point the entire exercise must be deemed impractical and at that point it's better to let the local entity fail, have it's role in the production chain replaced by imports, and it's resources reapplied to something more benificial. (that said, ideally this would be simply a case of making adjustments to what, exactly, is being produced, rather than having entire industries colapse outright.)
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The problem is...
Further, as in soy beans, the company takes a spray bottle of "Round Up" (the plant is genetic modification is designed to withstand this pesticide) and goes into the farmers field and spritzes a few plants. If they don't die the farmer is headed to court.
Forget the trespassing, contaminating the organic crop with pesticides and the damage to the crop which in actually from heirloom seeds, the farmer is assumed guilty until proved innocent. (With dead plants)
So a farmer who has no desire to use these seeds, in fact works to avoid them is found to be infringing and having to pay damages in court settlements.
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Escaped Seeds are Monsanto's Liability
Think of it this way, if John Doe has a viscous attack dog that jumps the fence and mauls the proverbial poster board child, he would be liable for the injuries that the child suffered. Following through with this logic, if Monsanto's seeds damage someones crop, Monsanto should be held liable.
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Re: Escaped Seeds are Monsanto's Liability
That we should in fact be fining the publishers for every infringing file we find on the internet.
..
..
..
Actually I quite like that idea.
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Re: Re: Escaped Seeds are Monsanto's Liability
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Re: Re: Escaped Seeds are Monsanto's Liability
its called the WIND!
If Hollywood's data was blown by the wind, that would be interesting.
But, its not just wind now is it?
There is a little mischievous bunch much worse than pirates,
they're called birds. And these guys just love to lay Shit-Rolls all over the show.
Now we're justing talking about two natural partners in moving seed in the REAL WORLD. Should we subpoena these too for the courts convenience?
Cue Bob Dylan: "The answer my friend is blowin in the wind"
Who's liability Bob?
Dam Freeloaders!
Now git off my crops ;)
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Re: Re: Re: Re: Escaped Seeds are Monsanto's Liability
"you have become responsible, forever, once and for all for what you have tamed"
(The Little Prince written by Antoine de Saint-Exupéry)
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because
step 1. introduce a 'modified' seed.
step 2. force a monoculture onto farmers
step 3. wait until non-monoculture seeds are no longer used
step 4. wait until monoculture seeds are wiped out by a single plague
step 5. introduce new "massively more-expensive" seeds kept in reserve that HAVE to be bought (cash + political changes that suit monsanto) otherwise people will starve.....
step 6. cackle madly once monsanto are basically overlords of every single vegetable on earth
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Re: because
step 7. Viva La Revolucion
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Book to Read...
Colour me shocked, how do I avoid buying their product.
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Monsanto
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gedankenexperimenten
Such an "invention" could then be locked up tight with bio-patents. Farmers who use Monsanto strains would then be faced with the prospect of having their crops destroyed by this new pest, and being sued for it.
Not that I would actually be in favor of such a thing. It would punish Monsanto only indirectly, ruin farmers who are guilty only of collaboration, and perhaps cause famine...
2) What if some Indian tribes copyright the plants they domesticated, then sue Monsanto for creating derivative works?... Nah, the tribes don't have enough money to win a big legal case against Monsanto, and even if they could it would probably lead to Kokopeli becoming a protected corporate trademark, which just makes my head hurt.
3) How about somebody creates and patents another strain of one of these plants, and sells the seed under a contract requiring that the second-generation adult plants be destroyed... with Roundup. Naturally this won't work if the first generation plants are pollinated by neighboring Monsanto plants. Whether or not this actually happens, it makes the Monsanto strain a tool for circumventing DRM.
4) Maybe if we concoct a completely implausible agro-terrorism scenario, and somehow get the idea tied in with health care reform via a logic-defying catchphrase, and maybe get some teen idols involved...
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If the male dog were Monsanto, you would find yourself in court? That is seriously messed up.
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Monsanto's yearly revenue: Billions
Farmer's yearly revenue: not even 500,000
Monsanto has the resources to last for centuries in court, Farmers do not.
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No - we all lose.
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Re: Monsanto Must Win
I agree with the farmers, but Monsanto will surely win..why??
Monsanto's yearly revenue: Billions
Farmer's yearly revenue: not even 500,000
Monsanto has the resources to last for centuries in court, Farmers do not
_________________________________________________________
If you inform the sleeping sheep that are the people of this world, of the impending disaster that is to befall humanity that is this catastrophe in the making via this disease called Monsanto. Of how and why we should avoid allowing this scourge to invade our food chain. When they have their eyes opened and they awake, they will remove their crops from the fields like weeds and throw them to a furnace along with their board of directors.
Take 1,000 000 farmers with an income of $500 000
and you get > $500 000 000 000
Nice global come back to a global pest.
For you people who have short memories. I recall when Monsanto was seeking permission to test their genetic mutants on human beings. The international authorities had grave reservations. And the cry from Monsanto was " Oh but we want to feed the poor starving Africans" [Cue the song, Feed the World] .... Oh, these poor people are dying its worth the risk, if it works out, imagine the good it will do.
I recall how they said they had no intentions of introducing these products into the US market. But no sooner than they realized they would be able to remove ALL OBSTACLES to the business plan did the music change.
Then :
But think of the children ! .......
Now:
WOW think of the PROFITS BABE!
Now think of the dilemma your in,
when studies say the body and your genes will remember what you consumed in your life time and through your children's life times. That food switches on & off certain expressions.
However, food via nature has had thousands and millions of years to perfect its creation. But we should be rest assured of Monsanto's chemical slag cooked up in its kitchen over a decade because some twat that could never see past its nose and its bank account said so.
YEP, I'm convinced aren't you?
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Useless?
I;m not a fan of Monsanto's policies, but the 'not useful' claim seems a bit suspect.
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regarding organic tea
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