Comment by jadbox
15 hours ago
Dang. What are the good options here (without throwing people under the bus)? IMHO, the patents on seeds has been an immense pain to the midwest and should be made void with a phase out plan that starts with the most common seeds (which are causing legal havoc by mixing into neighboring farms via wind).
Can you elaborate on the "immense pain"? I don't disagree that monopolies in big AG are a huge problem, but last time I saw someone make this point, I looked into it, and there were relatively few cases of big AG suing small farmers over stuff like this. My understanding of one of the main cases that gets referenced in these discussions was where a farmer bought roundup ready seed, promised not to use it to breed, per standard EULA, then bred with it, and intentionally selected offspring to breed further which showed the roundup ready trait. Am I missing something?
Relatively few that got to court.
While some farmers certainly did as you described (and while personally I disagree with the whole concept, leaving that aside for now), others just caught wind drifted seeds on their land.
The issue was that Monsanto et al would often put the onus on small farmers to prove they didn't deliberately breed the seed. Being civil, the issue became more "balance of probabilities" versus "beyond reasonable doubt". When you have Monsanto's army of lawyers, and a "generous" offer to "settle" for a licensing fee and agreement to purchase, then many of those small farmers rolled over. Often the ones that ended up in court were those who did actually have either sufficient resources, or were sufficiently pissed off to "stand their ground".
Which patents in particular are you concerned about?