I despise Monsanto like everyone else but I think this is a tough one for this fellow to win. This is Percy S all over again, but could you imagine not having to pay for RR canola seed every year? Would mean I would actually have a little money left over to go to a Ritchie Bro sale.
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I hear ya, it makes me so angry when those nasty companies want to protect their property. Why should their shareholders benefit when I could make more money from stealing their investment?
/sarc
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Farm,
"So Tom, if I give a copy of my favorite movie to you,
that gives you the right to make and sell all the copies
you want, because you didn't buy the original?"
This farmer did buy the grain. And clearly I said IF he
was using it ONLY for his OWN farm use... NOT selling
it for planting seed to others... IF he had NO contract
with monsanto preventing him from growing the RR
Soybeans... that should be legal.
Like buying a used book... and hand copying out a
section of that book... for your own use.... is NOT
illegal or ethically wrong.
Cheers!
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FarmRanger,
It looks like there is much MORE to this case;
"it grew [the case before the US Supreme Court] from a simple contract violation"
Since Bowman signed a contract...saying he wouldn't use Monsanto RR Soybeans for planting seed.. he broke the contract law he voluntarily signed...
"Bowman was a regular customer for Monsanto’s herbicide-resistant soya beans for his main crop, but bypassed the company by purchasing seed for a late-season crop from a grain elevator known to contain Monsanto’s transgenic seed. In 2007, Monsanto sued him. As the case climbed through the court system, it grew from a simple contract violation to a challenge of the idea that companies can use patents to limit the offspring of naturally ‘self-replicating’ technologies."
http://www.nature.com/news/seed-patent-case-in-supreme-court-1.12445
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All good points for a good discussion but don't let Monsanto off the hook.
They have been extending their patents well past what is realistic, to continue to collect their TUA.
In reality, the patent for RR canola should have expired a few years ago.
The process is well paid for and I don't mind having to pay a fee, but what do you get for the fee anymore?
Better yields have nothing to do with using roundup, its not a fertilizer. Better agronomic practices have increased the value of the crop more than being able to use round up, and I am not convinced better farming is patentable?
I am on the fence. There should be a fee but how much is fair? If you find a variety you like, why not be able to keep it and grow your own stocks as long as you pay a smaller fee - call it a patronage fee.
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Fun times.
Pretty sure the Supreme Court will find the same as the fed circuit court
that the the elevator, while having no right to plant seeds, could not grant
that right to Bowman. Doesn't matter how it got to him, as soon as Bowman
plants, he infringes.
He sprayed the crop with glyphosate, the only reason Monsanto went after him,
utilizing the technology, and broke patent law.
Bowman going to the SC is much like Perky's last swing knowing full well he
broke the law, but just hoping for a lucky win. SC ruling will be for
Monsanto.
2014, its all done anyways.
http://www.monsanto.com/newsviews/Pages/roundup-ready-patent-expiration.aspx
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In Canada in 2012, a farmer may decide to buy certified original
Roundup Ready seed from a company holding a valid licence for
original Roundup Ready soybeans, without any contractual obligations
or royalty payment to Monsanto.
Also in 2012, a farmer may decide to save seed from the 2012 harvest
for replanting in 2013, as long as the seed company from which they
purchased the seed for 2012 planting does not have any contractual
obligations preventing them from doing so.
In 2013, a Canadian farmer may decide to plant original Roundup
Ready soybeans saved from his own seed.
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I think pioneer hibred is comming out with their
own version of a tua in 2015. We will see if there
is going to be some competition in the market
once that happens. They may just go with the
trend and there won't be any competition at all.
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