2 ms·
I think the case you cited is the citation you are looking for. The problem with that case is in the definition of operating in good faith. If the farmer did n
by talmand 14y ago
I think the case you cited is the citation you are looking for.
The problem with that case is in the definition of operating in good faith. If the farmer did not attempt to cause his crop to be cross pollinated with Monsanto seed then it's not his fault that was the result. He may have known what he was doing and took advantage of the situation, but that's irrelevant. Unless it could be proven that he somehow obtained the seed from outside his crop without going through proper channels then he did nothing wrong. He claimed to have replanted seed from his own crop and I don't see where Monsanto proved otherwise. Again, the case you cite is the citation you are looking for.
Granted, I don't believe that Monsanto purchased the land around his farm with the intent to infect his crop with their seed, but the outcome is the same.
The court gave Monsanto license to claim all crops cross-pollinated with their seed as being property of Monsanto. In this case, the court was wrong.