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(Global Research)   Federal judge rules that Monsanto can sue farmers for the wind   (globalresearch.ca) divider line 243
    More: Stupid, GMOs, Monsanto, Supreme Court, Organic Seed Growers, organic labels, farmers, United States courts of appeals, plain  
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12550 clicks; posted to Main » on 15 Jan 2014 at 5:09 PM (13 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-01-15 06:22:29 PM

Blues_X: So, if their seeds are blown onto your property and germinate, they can sue you for not paying for them?

Am I reading that right?


Sounds like all they need to do is drive around with their seeds in the bed of a truck. Then release the lawyers
 
2014-01-15 06:23:11 PM

tlars699: They should be suing Monsanto for a product that causes environmental pollution, interfering with their productivity.


One of the fundamentals of civil tort is damages. The farmers cannot claim future or potential damages.
 
2014-01-15 06:24:06 PM

Theaetetus: Teiritzamna: SquiggsIN:
Thought about law school for myself too, and again, decided that being able to sleep at night was more important than lining a bank account.

I work on making AIDS drugs cheaper and defend the rights of the homeless.  I sleep great.

I talk to other nerds about nerdy things, write them up in huge detail, and then argue with more nerds about why they're cool. It's like Fark, but I get paid.


OMG - i never realized that prosecutors were just Kotaku bloggers . . . .

/must now figure out an analogy making corporate attorneys Cracked writers
 
2014-01-15 06:25:58 PM
Why did nobody tell me that totalfark is so.. so... Beautiful! I can see EVERYTHING!
 
2014-01-15 06:26:25 PM

NickelP: simkatu: SquiggsIN: Beyond the cases where this exact scenario has happened?  Monsanto has frequently done "spot inspections" of non-customers fields and then sued them for having a portion of their crop that had been contaminated by the glyphosate-resistant (Round-up ready) version of crops they've patented

[citation needed.jpg]

Monsato has not sued any farmer for having inadvertent wind blown seeds that contaminated their crops.  In fact, they have promised they will never sue a farmer that has only trace amounts of their patented seed in their field.

This lawsuit was apparently an effort by some people to proactively force Monsato to give them preemptive immunity to use Roundup ready seeds even if it's more than the trace amounts that might appear in their crops by the wind.    That's just silly.  No company is going to give blanket immunity to a set of plaintiffs ahead of time that would essentially allow those plaintiffs to steal their intellectual property in unlimited amounts and pay no fees or royalties.

This law suit is bs, but if I am a farmer who collects and reseeds, with everyone around me using round up ready, then I'd think in a few seasons, despite my wishes, my fields are going to be a lot more than trace amounts.


Fact: Monsanto has never commercialized a biotech trait that resulted in sterile - or "Terminator" - seeds. Sharing the concerns of small landholder farmers, Monsanto made a commitment in 1999 not to commercialize sterile seed technology in food crops. We stand firmly by this commitment, with no plans or research that would violate this commitment.

Seem to be an awful lot of promises.

How does Promissory estoppel work?

/for your consideration
 
2014-01-15 06:26:27 PM

Theaetetus: The Life Of Brian: HOW can you patent LIFE? Modified or not?

Because if it's an artificially created organism that didn't exist in nature before, and it's not obvious to create it, then why shouldn't you be able to patent it? They've got biological computers now that can do simple calculations - should they be unpatentable, simply because they use RNA instead of transistors?

More importantly, organisms have been patentable for 30 years, during which time, Congress has twice amended the patent act without adding a single exemption, so there's a presumption that Congress intended the patent act to cover such things.

/incidentally, the same argument applies to processes performed by a computer


I see your point..and it is an interesting theoretical question..

SO I put it this way...What if life on this planet was silicon based, and this silicon based life form developed to our level, and found a way to make carbon based life - does that mean its just chemicals and such?

Ya I'm a geek - and that very issue has been dealt with in every version of Star Trek that there is....

And you know, WHAT if we do one day have computers that are 'self aware' - Hell I don't know!
Way beyond my simplistic mind....But just because its new doesn't mean that it has no, umm, is 'rights' the correct word? I'm getting confused now myself but I think you understand where I'm coming from...

MAN this is TOO deep for my days off! ]

I suggest you try some good Canadian Rye Whiskey - good stuff!
 
2014-01-15 06:27:18 PM

Shadi: tlars699: They should be suing Monsanto for a product that causes environmental pollution, interfering with their productivity.

One of the fundamentals of civil tort is damages. The farmers cannot claim future or potential damages.


Fair enough. Wait a season, sue them when it happens.
 
2014-01-15 06:27:41 PM

simkatu: NickelP: Just reread it. They pledged not to sue if less than 1% is their seed. What a joke.

But in all the years of Roundup there has never been a person with more than 1% of their crop that was Roundup ready that has been sued that wasn't intentionally and knowingly stealing the product.   While, 1% might seem like an unreasonably small amount to guarantee, it seems like it's a level that has worked so far, seeing as how not a single person has ever inadvertently discovered had a crop with more than 1%.


Isn't that just a really biased way of saying they have won every case where at least on percent of their seed was found? I don't think that is surprising. It is the point of the lawsuit.
 
2014-01-15 06:27:52 PM

tlars699: Why did nobody tell me that totalfark is so.. so... Beautiful! I can see EVERYTHING!


Shhhh...it's a secret...We're trying to keep the rabble out.
 
2014-01-15 06:29:01 PM

firemanbuck: For eight years I have been the leading supplier of hybrid seed corn in Winneshiek County, and the reason is clear: My seed is pure!

I have come to assume my dominant position in this farm community due to the high quality and timely delivery of my seed. Come to Schmidt Feed & Farm Supply, conveniently located in Kendallville just over the bridge, and you will leave smiling and satisfied in every way, if not utterly amazed at the performance. You must have my seed!

Use my select seed, and your crop will show resistance to blight and drought and be less susceptible to strain stalk diseases. If you do not believe me, I will take you to my farm and show you the potency of my seed. Strong, turgid, fattening plants shoot up through the ground in the torrid Iowa sun.
Grab the thick base of the stalk in your hand and feel that it is alive and growing larger by the minute. Sweat will shine on your face as you ride my massive tractor around the grounds of my expansive farm.
I will smile down at you as you kneel and gently run your hands through the moist patch of dense growth at my most precious, secret spot-the plot of land where I personally test each and every variety of seed corn that I sell.

Ask me for my seed, and the day you have longed for, the day you have dreamed about, will soon arrive: When the corn is large and ripe for the taking, you can place your lips around the heavy cob, savoring the texture, the smell and, finally, the taste as you bite gently and your mouth is filled with sweet juice.



I can't help but to be reminded of a business here in town.  I'm not even sure why, because they're not in the seed business.  They sell pearl necklaces.
 
2014-01-15 06:30:47 PM

Radioactive Ass: Go home, Meow drunk. You're drunk Meow.

 
2014-01-15 06:32:47 PM
So let me get this straight without using incendiary names.

Farmer A has seeds that grow red tomatoes. Next door, Farmer B has seeds that grow orange tomatoes. Wind happens sometimes.

Farmer A sued to prevent Farmer B from suing if Farmer A accidentally ended up with some orange tomatoes even though Farmer B has stated they would not do so? And the court ruled that Farmer B should not be restricted from their day in court if they wanted it?

If Monsanto had sued to prevent other farmers from suing Monsanto for inadvertent seeding. most of you would be siding with the legal minds in this thread and applauding this ruling.
 
2014-01-15 06:33:39 PM

tlars699: Why did nobody tell me that totalfark is so.. so... Beautiful! I can see EVERYTHING!


All it really does is increase your chance of getting a link listed by 2%..... And get those who do not have that TF next to their name to make fun of you...
 
2014-01-15 06:35:55 PM
Theaetetus:

Hey - let me axe you something you probably don't know the answer to.  How much of the DNA of a Monsanto strain is patented?  In other words, if a neighboring farmer's corn mutates by just one nucleotide, wouldn't that be a new strain independent of Monsanto's patented variety?
 
2014-01-15 06:38:11 PM

Billified: So let me get this straight without using incendiary names.

Farmer A has seeds that grow red tomatoes. Next door, Farmer B has seeds that grow orange tomatoes. Wind happens sometimes.

Farmer A sued to prevent Farmer B from suing if Farmer A accidentally ended up with some orange tomatoes even though Farmer B has stated they would not do so? And the court ruled that Farmer B should not be restricted from their day in court if they wanted it?

If Monsanto had sued to prevent other farmers from suing Monsanto for inadvertent seeding. most of you would be siding with the legal minds in this thread and applauding this ruling.


Pretty much. I agree with the ruling but it's more like farmer b has been filing lawsuits all over the place which cost million to fight. The farmers trade group is getting tons of calls from their members asking for help. So they file an action against farmer b saying to cut that shiat out. While farmer b is being a huge dick, what the trade group is asking is legally unreasonable.
 
2014-01-15 06:41:55 PM
1. The farmers were suing to make it illegal for Monsanto to ever sue if they find Monsanto's patented genes in their crop.

2. The judge says no, because:
 a.  The judge says Monsanto has already made a legally binding promise not to sue over incidental contamination from cross pollination from normal cross pollination.
 b.  Monsanto wants to reserve the right to sue for flagrant violations of the violation of their patent.
3. Judge says you can't sue someone to bar them from theoretically suing you in the future.  The courts don't work that way.  (The judge didn't say this, but if you want protection from lawsuits you need legislative protection.)

http://grist.org/food/the-genetically-modified-food-debate-where-do- we -begin/
 
2014-01-15 06:42:27 PM
Monsanto: The evil company you've come to love, run by satan. Come for the seeds, stay for the extra evil. Bring the family and enjoy.
 
2014-01-15 06:42:39 PM

Blues_X: So, if their seeds are blown onto your property and germinate, they can sue you for not paying for them?

Am I reading that right?


Yes, this has been an issue with them for a while. It's most of the reason why Monsanto is such an evil company.
 
2014-01-15 06:42:52 PM

highendmighty: Theaetetus:

Hey - let me axe you something you probably don't know the answer to.  How much of the DNA of a Monsanto strain is patented?  In other words, if a neighboring farmer's corn mutates by just one nucleotide, wouldn't that be a new strain independent of Monsanto's patented variety?


That's the other interesting problem here. If you consider anything derived from their original strain to be theirs, we will hit a point where every version of some crops has to be licensed to them
 
2014-01-15 06:45:17 PM

SquiggsIN: Thought about law school for myself too, and again, decided that being able to sleep at night was more important than lining a bank account.


I sleep quite well at night being a poor public servant.
 
2014-01-15 06:46:53 PM

NickelP: Isn't that just a really biased way of saying they have won every case where at least on percent of their seed was found? I don't think that is surprising. It is the point of the lawsuit.


No it isn't.  In every case where someone had more than a trace amount there was substantial evidence or an admission that the person purposely acquired Roundup seeds in order to have a crop that was Roundup ready.   If we are going to question whether or not a jury of 12 people in a civil suit is capable of evaluating evidence, then we're going down the wrong path I think.

There hasn't been anyone that has been sued by Monsato that claims they were victims of the wind.  That's why there were only folks suing that were preemptively trying to get immunity from lawsuits.   Had they actually been sued, then they would have had standing and the courts would have let their lawsuit proceed.   Since they weren't sued, they had no standing.
 
2014-01-15 06:48:11 PM

Blues_X: So, if their seeds are blown onto your property and germinate, they can sue you for not paying for them?

Am I reading that right?


Just like in Canada where if Monsanto planted one of their seeds in your field, then your field is determined to be a Monsanto TM planted field.  wind, animals, farkers, employees does not matter.
 
2014-01-15 06:50:10 PM

NickelP: Pretty much. I agree with the ruling but it's more like farmer b has been filing lawsuits all over the place which cost million to fight. The farmers trade group is getting tons of calls from their members asking for help. So they file an action against farmer b saying to cut that shiat out. While farmer b is being a huge dick, what the trade group is asking is legally unreasonable.


Except even the factual grounds of the suit are somewhat different.  Monsanto was able to show it has not sought enforcement for inadvertent infringement and has agreed that it will not.  

As far as i know the only case where such claims were in play was a suit in Canada, which was resolved as  Monsanto Canada Inc. v. Schmeiser [2004] 1 S.C.R. 902.  The rick of that opinion is that all claims against the defendant regarding inadvertent infringement had been dropped and all that was left were claims for willful infringement (the farmer was growing a crop of 95-98% pure Roundup Ready plants, far higher than one would expect from inadvertent or accidental presence).

While Monsanto is a litigious fark of a company, they tend to hammer farmers who actually are using seeds from year to year in violation of their agreements.  I don't know of any instances where they have brought a wind dispersal claim in the last 10 years.*

/*would be exceedingly happy to be proved wrong mind you - just don't know of anything other than "but of course they are doing it!" claims
 
2014-01-15 06:51:05 PM
I'm waiting for one of these monsanto dickwads to be shot for molesting animals or crops.

www.paphospeople.com
 
2014-01-15 06:51:20 PM
I don't really know what this whole discussion is about so I should shut up (and stop sponsoring people for TF!)

Regardless of what people think and what I'm about to say may suggest, I ain't rich... BUT I did get a shipping notice today on:

Intel® Core™ i7-4930K Processor - Six Core, 12MB L3 Cache, 3.4GHz

 MSI X79A-GD45 PLUS Intel X79 Motherboard - ATX, LGA2011, Intel X79, DDR3 2400 MHz (O.C.), SATA III (6Gb/s), RAID, 8-CH Audio, Gigabit LAN, USB 3.0 - X79A-GD45 PLUS

Corsair Hydro Series CW-9060009-WW H100i Extreme Liquid/Water CPU Cooler - 2 x 120mm Fan, Multi-socket Support, built-in Corsair Link


SO...

NA NA NA I have a better computer (coming by UPS) than you!

/I'll go to bed now...
 
2014-01-15 06:52:27 PM

simkatu: NickelP: Isn't that just a really biased way of saying they have won every case where at least on percent of their seed was found? I don't think that is surprising. It is the point of the lawsuit.

No it isn't.  In every case where someone had more than a trace amount there was substantial evidence or an admission that the person purposely acquired Roundup seeds in order to have a crop that was Roundup ready.   If we are going to question whether or not a jury of 12 people in a civil suit is capable of evaluating evidence, then we're going down the wrong path I think.

There hasn't been anyone that has been sued by Monsato that claims they were victims of the wind.  That's why there were only folks suing that were preemptively trying to get immunity from lawsuits.   Had they actually been sued, then they would have had standing and the courts would have let their lawsuit proceed.   Since they weren't sued, they had no standing.


Scroll up for the damning link on how these lawsuits ar bs. The one guy used roundup on a small part of his field to see how contaminated it was.

I said they had no standing. I have no idea why you are arguing that point.
 
2014-01-15 06:52:37 PM
Also, oblig:

www.quickmeme.com
 
2014-01-15 06:57:01 PM
Wait to hear it from another source. GlobalResearch is a crank site.
 
2014-01-15 06:58:12 PM
So if they can sue you for them contaminating your crops can you sue them for contaminating your crops? Seems that it would work both ways.
 
2014-01-15 06:59:23 PM
From what I read in the article, it seems Monsanto doesn't want the option to sue to be taken away from them  in case these farmers used their product without paying for it.  It doesn't seem that Monsanto is bad at all.  It is of my opinion that they are just protecting their interest.
 
2014-01-15 07:00:20 PM
NickelP:

Scroll up for the damning link on how these lawsuits ar bs. The one guy used roundup on a small part of his field to see how contaminated it was.

Then proceeded to cultivate and segregate those seeds for subsequent replanting.
 
2014-01-15 07:00:44 PM

Whodat: So if they can sue you for them contaminating your crops can you sue them for contaminating your crops? Seems that it would work both ways.


Criss-Cross...

You kill my mother I kill your wife...

OK?

www.alcohollywood.com
 
2014-01-15 07:01:30 PM

Whodat: So if they can sue you for them contaminating your crops can you sue them for contaminating your crops? Seems that it would work both ways.


The party you would sue would be your neighbor and not Monsanto, whose relationship is too attenuated.
 
2014-01-15 07:02:31 PM

sprgrss: NickelP:

Scroll up for the damning link on how these lawsuits ar bs. The one guy used roundup on a small part of his field to see how contaminated it was.

Then proceeded to cultivate and segregate those seeds for subsequent replanting.


To what end? He didn't job he was goin to get sued why not? Wasn't the courts conclusion he received no economic gain?
 
2014-01-15 07:03:16 PM

NickelP: sprgrss: NickelP:

Scroll up for the damning link on how these lawsuits ar bs. The one guy used roundup on a small part of his field to see how contaminated it was.

Then proceeded to cultivate and segregate those seeds for subsequent replanting.

To what end? He didn't job he was goin to get sued why not? Wasn't the courts conclusion he received no economic gain?


The same reason why any farmer grows any crop
 
2014-01-15 07:03:19 PM

The Life Of Brian: I don't really know what this whole discussion is about so I should shut up (and stop sponsoring people for TF!)

Regardless of what people think and what I'm about to say may suggest, I ain't rich... BUT I did get a shipping notice today on:

Intel® Core™ i7-4930K Processor - Six Core, 12MB L3 Cache, 3.4GHz

 MSI X79A-GD45 PLUS Intel X79 Motherboard - ATX, LGA2011, Intel X79, DDR3 2400 MHz (O.C.), SATA III (6Gb/s), RAID, 8-CH Audio, Gigabit LAN, USB 3.0 - X79A-GD45 PLUS

Corsair Hydro Series CW-9060009-WW H100i Extreme Liquid/Water CPU Cooler - 2 x 120mm Fan, Multi-socket Support, built-in Corsair Link


SO...

NA NA NA I have a better computer (coming by UPS) than you!

/I'll go to bed now...


I do not envy you the headache you will have when you awake.  But for now, rest well, and dream of LARGE CPUs.
 
2014-01-15 07:06:38 PM

sprgrss: NickelP: sprgrss: NickelP:

Scroll up for the damning link on how these lawsuits ar bs. The one guy used roundup on a small part of his field to see how contaminated it was.

Then proceeded to cultivate and segregate those seeds for subsequent replanting.

To what end? He didn't job he was goin to get sued why not? Wasn't the courts conclusion he received no economic gain?

The same reason why any farmer grows any crop


He didn't benefit from growing their crop though
 
2014-01-15 07:08:13 PM
If there had even once been a situation where Monsanto sued someone who hadn't intentionally screened out the patented seed that "accidentally" grew on their land and replanted that, I might be bothered.

As it is, I applaud this decision as rational.
 
2014-01-15 07:08:49 PM
Great! Monsanto has its own secret rubber stamp court just like the NSA.
 
2014-01-15 07:13:13 PM

mark12A: Monsanto is one of the most evil companies on the planet.

THIS. Farkin' food fascism.


But most Farkers are convinced EA is because of ruining their childhood or something.
 
2014-01-15 07:19:12 PM
Seriously SCOTUS? WTF?
 
2014-01-15 07:28:00 PM

Shadi: The judge is ruling that the farmers cannot sue to prevent Monsanto from suing. The farmers were preemptively suing even though Monsanto has stated that it has not sued anyone nor any interest in suing.

As much as I don't like Monsanto, the ruling makes complete sense to me.


Except for the 150+ lawsuits and 700 other cases settled out of court, sure, makes perfect sense.

:stare:
 
2014-01-15 07:28:20 PM
Those who are Canadian know Dr. David Suzuki... I'm coming up on 45 years of age and I watched his film strips in high school.... Watch this....

http://www.cbc.ca/archives/categories/economy-business/agriculture/g en etically-modified-food-a-growing-debate/david-suzuki-speaks-out-agains t-genetically-modified-food.html

FYI - I met this amazing man one morning..I was going to a company meeting and across the street was the CBC building...I went to the cafeteria to get a bagel, turned around and there he was! I said "Good Morning Dr. Suzuki". He said good morning to me...
 
2014-01-15 07:30:24 PM

SquiggsIN: DNRTA

I've kept up with most stories associated with agribusiness for a long time.

Monsanto is one of the most evil companies on the planet.

I don't know what has to happen to get more publicity on what is going on with our food system.  We have fewer and fewer companies controlling more and more of our supply and their goals generally have profit above safety or fairness.  Do we wait until every plant on the planet is patented?  I think Monsanto would love to spread their GMOs to the point they can sue you for the crabgrass in your yards.


I'm curious about your initial qualifying statement.   You say you've kept up with most stories associated with the agribusiness, but you don't supply sources.  One could easily state something similar about Whale Conservation, but get most of their stories from Greenpeace and SSCS-related media outlets.

/Just curious
//Most sources have an agenda
 
2014-01-15 07:39:33 PM
Those who are serious on this discussion...please watch this an give your opinion... Ya I posted it already, but I was typing and not really listening..then I replayed it...and I think this gives a great answer to WHY gmo's are not in our best interest....


http://www.cbc.ca/archives/categories/economy-business/agriculture/g en etically-modified-food-a-growing-debate/david-suzuki-speaks-out-agains t-genetically-modified-food.html
 
2014-01-15 07:39:58 PM

Kahabut: Except for the 150+ lawsuits and 700 other cases settled out of court, sure, makes perfect sense.


"Since 1997, we have only filed suit against farmers 145 times in the United States. This may sound like a lot, but when you consider that we sell seed to more than 250,000 American farmers a year, it's really a small number. Of these, we've proceeded through trial with only eleven farmers. All eleven cases were found in Monsanto's favor."

Your numbers are just a tad bit off. And even the lawsuits Monsanto mentions are saved seed lawsuits, not wind blown. Farmers purchased Monsanto product and tried to violate the licensing.
 
2014-01-15 07:40:44 PM
So, if the wind were to cause Monsanto seeds to accidentally contaminate topsoil on every property in the U.S., could Monsanto be taken back to court for failure to enforce its patents under the "all-or-nothing" provisions of the current intellectual property laws?
 
2014-01-15 07:40:57 PM
Can anybody point to ONE SINGLE CASE of a farmer who was SUED for growing GMOs INADVERTENTLY?

ALL cases I know of involve farmers who deliberately selected the GMO seeds, knowing full well they were GMO seeds, and planted them specifically for this reason.
 
2014-01-15 07:42:48 PM

meow said the dog: It is not something which I have the familiarity but sometimes I do the wearing of the boy briefs because they have the comfort so perhaps for the boy this is also the thing which provides to he the comfort. Was this the boyshorts or the thong of the underwear? I am not someone who has the assureness of this but would wish for learning of so.


MSTD, the atomic wedgie thread was last week. I think you just coredumped in this thread.

Good luck on learning of so, though.
 
2014-01-15 07:43:12 PM
Delicious Monsanto pollen!

imagizer.imageshack.us
 
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