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>"...suing small farmers who accidentally grow your crop..." The Wikipedia page seems to paint a much different picture regarding Monsanto's legal cases. Every
by Forbo 10y ago
>"...suing small farmers who accidentally grow your crop..."
The Wikipedia page seems to paint a much different picture regarding Monsanto's legal cases. Everything that I'm reading seems to indicate willful infringement:
https://en.wikipedia.org/wiki/Monsanto_legal_cases https://en.wikipedia.org/wiki/Monsanto_legal_cases
"...Monsanto has stated it will not 'exercise its patent rights where trace amounts of our patented seed or traits are present in farmer's fields as a result of inadvertent means.' The Federal Circuit found that this assurance is binding on Monsanto, so that farmers who do not harvest more than a trace amount of Monsanto's patented crops 'lack an essential element of standing' to challenge Monsanto's patents."
...
"The court record shows, however, that it was not just a few seeds from a passing truck, but that Mr Schmeiser was growing a crop of 95–98% pure Roundup Ready plants, a commercial level of purity far higher than one would expect from inadvertent or accidental presence. The judge could not account for how a few wayward seeds or pollen grains could come to dominate hundreds of acres without Mr Schmeiser’s active participation, saying ‘...none of the suggested sources could reasonably explain the concentration or extent of Roundup Ready canola of a commercial quality evident from the results of tests on Schmeiser’s crop’" – in other words, the original presence of Monsanto seed on his land in 1997 was indeed inadvertent, but the crop in 1998 was entirely purposeful."
That's not to say that they haven't pulled any jerk moves: "In 2002, Monsanto mistakenly sued Gary Rinehart of Eagleville, Missouri for patent violation. Rinehart was not a farmer or seed dealer, but sharecropped land with his brother and nephew, who were violating the patent. Monsanto dropped the lawsuit against him when it discovered the mistake. It did not apologize for the mistake or offer to pay Rinehart's attorney fees."
If it's patent law that we find outrageous, then we should be directing our rage at patent law.
Edit: I hadn't heard of the Indian farmer suicide problem before reading your comment, but to lay it at the feet of Monsanto ignores many other potential contributing factors: "Activists and scholars have offered a number of conflicting reasons for farmer suicides, such as monsoon failure, high debt burdens, government policies, public mental health, personal issues and family problems."
https://en.wikipedia.org/wiki/Farmers%27_suicides_in_India https://en.wikipedia.org/wiki/Farmers%27_suicides_in_India