4 ms·

This never made much sense. I don't see what would keep some other company from coming up with a patentable gene in corn, spreading it all over the US, waiting

This never made much sense. I don't see what would keep some other company from coming up with a patentable gene in corn, spreading it all over the US, waiting a generation for it to cross pollinate and then demanding license fees paid by everyone. Heck, you might even be able to plant it near where Monsanto grows their corn for seed and then sue Monsanto.

talmand 14y ago
You're too late, Monsanto's already doing that now with soybeans.
bduerst 14y ago
Doubtful, since the strain that goes to market isn't taken from seed from the external test plots. I think that if it ever came to that, all one would have to do is demonstrate that the gene is now occurring naturally, and they'd have a bonified defense against Monsanto. As it stand now, though, most of the farmers who went to court with Monsanto were found to be intentially trying to reproduce the technology.
- talmand 14y ago
  In many cases that's where I disagree with the courts. Unless the farmer's intentionally obtained original seeds from Mansanto outside of normal means, then I don't fault them for taking advantage of their crops ending up with said seeds. Personally I would go the opposite route and do my best to prevent GM seeds from entering my crop. But that's just me. Plus, not reading the cases you are referring to, was that it was actually found the farmers were doing this or that Monsanto convinced the court/jury that this is so? Remember that requirements of proof are much different for civil court versus criminal court. Most of the cases I'm familiar with never got to jury, the farmers were bankrupt before getting that far or the farmers just gave in because it was cheaper to settle. Which I'm sure is as planned.
  - bduerst 14y ago
    That appears to be the case with the farmers though. In this article and with the Canadian farmer some years back, they were both shown to have intentionally taken the technology directly and tried to reproduce it for themselves. I don't know if there is a court case where the farmer truly had replanted seed of their own with the technology accidently pollinating it. Keep in mind too that these court cases are closed, and that Monsanto can be using technology to prove their cases - technology which is not public information.

talmand 14y ago

You're too late, Monsanto's already doing that now with soybeans.

bduerst 14y ago

Doubtful, since the strain that goes to market isn't taken from seed from the external test plots. I think that if it ever came to that, all one would have to do is demonstrate that the gene is now occurring naturally, and they'd have a bonified defense against Monsanto. As it stand now, though, most of the farmers who went to court with Monsanto were found to be intentially trying to reproduce the technology.

talmand 14y ago
In many cases that's where I disagree with the courts. Unless the farmer's intentionally obtained original seeds from Mansanto outside of normal means, then I don't fault them for taking advantage of their crops ending up with said seeds. Personally I would go the opposite route and do my best to prevent GM seeds from entering my crop. But that's just me. Plus, not reading the cases you are referring to, was that it was actually found the farmers were doing this or that Monsanto convinced the court/jury that this is so? Remember that requirements of proof are much different for civil court versus criminal court. Most of the cases I'm familiar with never got to jury, the farmers were bankrupt before getting that far or the farmers just gave in because it was cheaper to settle. Which I'm sure is as planned.
- bduerst 14y ago
  That appears to be the case with the farmers though. In this article and with the Canadian farmer some years back, they were both shown to have intentionally taken the technology directly and tried to reproduce it for themselves. I don't know if there is a court case where the farmer truly had replanted seed of their own with the technology accidently pollinating it. Keep in mind too that these court cases are closed, and that Monsanto can be using technology to prove their cases - technology which is not public information.