The Solution to ALL growing problems: Stop using the abominable synthetic method.

Dr. Who

Well-Known Member
You're talking about a guy who planted a crop with seed from the grain elevator then applied glyphosate to kill off all the plants that didn't have the patented gene so he could plant more of it next season and continue to use glyphosate without buying RoundUp Ready(*TM) seed from Monsanto. See, you don't even know how deep this bullshit is.

After you read Bowman, read OSGATA. OSGATA couldn't find any examples of Monsanto suing farmers who didn't want anything to do with glyphosate, I bet you can't either. Monsanto can't promise they're not going to sue people in one court while they're suing people for that very thing in another one. It's called judicial estoppel.
I see you missed the 60 minutes broadcast.....Maybe you should look that up....Mall Cop.
 

Observe & Report

Well-Known Member
I see you missed the 60 minutes broadcast.....Maybe you should look that up....Mall Cop.
Yeah because if it's on TV it must be true. Seriously, is that the best you can do? I'm sorry, but it is just not true that Monsanto is suing hapless farmers who inadvertently use/sell patented seed. Here's a quote from OSGATA. This is the case where the Organic Seed Growers And Trade Association tried to get an injunction against Monsanto for this practice but they failed because it simply isn't true and you can't get a court to issue an injunction just because you're afraid that someone might do something bad.

You can falsify this by coming up with one court case, just one case, where Monsanto has sued some farmer who just happened to have some patented pollen blow into his field. You can't though, because the whole story you're spreading is a bunch of fearmongering bullshit. Monsanto sues people like Bowman, the guy from that Supreme Court case you wouldn't have referred to if you had just read the syllabus.

Taken together, Monsanto’s representations unequivocally disclaim any intent to sue appellant growers, seed sellers, or organizations for inadvertently using or selling “trace amounts” of genetically modified seeds. Monsanto makes clear that this covers “USDA (United States Department of Agriculture) -certified organic farm or handling operation,” Appellees’ Br. 6–7, which are prohibited from using genetically modified seed, see 7 C.F.R. § 205.105; J.A. 497–505. While the USDA has not established an upper limit on the amount of trace contamination that is permissible, the appellants argue, and Monsanto does not contest, that “trace amounts” must mean approximately one percent (the level permitted under various seed and product certification standards). We conclude that Monsanto has disclaimed any intent to sue inadvertent users or sellers of seeds that are inadvertently contaminated with up to one percent of seeds carrying Monsanto’s patented traits.

While Monsanto’s representations are not a covenant not to sue, they have a similar effect. If we rely on Monsanto’s representations to defeat the appellants’ declaratory judgment claims (as we do), those representations are binding as a matter of judicial estoppel. It is well- established that a party who successfully argues one position is estopped from later adopting a contrary position in a case involving the same patent. See, e.g., U.S. Philips Corp. v. Sears Roebuck & Co., 55 F.3d 592, 596–97 (Fed. Cir. 1995); see also New Hampshire v. Maine, 532 U.S. 742, 750–51 (2001). The main factors warranting judicial estoppel are (1) a party’s later position is “clearly inconsistent” with its prior position, (2) the party success- fully persuaded a court to accept its prior position, and (3) the party “would derive an unfair advantage or impose an unfair detriment on the opposing party if not estopped.” New Hampshire v. Maine, 532 U.S. at 750–51. Should Monsanto sue the appellants for future actions falling within the scope of its representations in this litigation, all three factors would warrant the application of judicial estoppel. As the Supreme Court stated in Already, “[the defendant], having taken the position in court that there is no prospect of [infringement by the declaratory plain- tiffs], would be hard pressed to assert the contrary down the road.” 568 U.S. at ___, 133 S.Ct. at 728 (citing New Hampshire v. Maine, 532 U.S. at 749). At oral argument, Monsanto’s counsel wisely acknowledged that “if the court writes an opinion that relies on the representations that I made in my letter, in response to their letter, then I think it would be binding as a matter of judicial estoppel.” Oral Argument at 17:30–17:51.

There you go, Monsanto is bound by judicial estoppel. They can't sue people like you say they are.

Monsanto may be bad but they aren't as bad as unrestrained bullshit masquerading is truth. Turn off your TV and read a book for crying out loud.
 

Dr. Who

Well-Known Member
Then just who the fuck has shut down every fucking seed cleaner across the country and why? Who employed the people that stopped 2 farmers from even cleaning their own harvested soy and replanting next year? By threatening what? This has happened across the midwest and is old news to farmers..... I tend to believe the farmers I know, over any news report......I posted fact.

I got news for you, Printed press is just as bad as any TV news......Who got that judge elected?

You dismissed the 60 min piece and you've never seen it?

BTW, I read books all the time, all the time! Book's aren't news

Go back to toke and talk and the political threads......
 

Observe & Report

Well-Known Member
Then just who the fuck has shut down every fucking seed cleaner across the country and why?
What this B.S. you're spewing now? Try Googling "seed cleaning service" there are plenty and nothing is stopping you from buying seed cleaning equipment and starting your own business.

The seed cleaner referred to in the 60 Minutes piece is Maurice Parr. Monsanto got an injunction against him. CBS neglected to mention that at the proceedings three of his customers of his testified that he induced them to infringe on Monsantos patents. Inducing infringement is a federal crime, 35 USC 271 (b), but just cleaning seeds for others isn't infringement.

http://www.fr.com/files/Uploads/publications/DSU-Medical-Corp-v-JMS-Co-Ltd/Monsanto_v_Parr_NDIN_4-07-cv-00008_Apr_22_2008.pdf

The hapless seed cleaner who got shut down by Monsanto is just as much a myth as the hapless organic seed grower who got sued because their crop was inadvertently contaminated by their neighbors. 60 Minutes is spreading bullshit by omission because Monsanto hate brings viewers.

Who employed the people that stopped 2 farmers from even cleaning their own harvested soy and replanting next year?
Which farmers are you talking about? 60 Minutes talked about David and Dawn Runyon. They say they were harassed by Monsanto after their neighbors dropped a dime on them but nothing indicates they were stopped from anything. CBS reported that Monsanto didn't pursue legal action against them, probably because they weren't deliberately infringing on Monsanto patents or breaking any agreements.

https://www.cbsnews.com/news/agricultural-giant-battles-small-farmers/

Monsanto "lobbied" congress (Paid off certain congress persons) and did get laws passed that made it possible for them to sue Farmers who had seeds pollinated by crops that contained their patented gene....
Which laws would those be? Be specific.

Don't answer, I already know it's bullshit conjured up from your poor memory.

QUOTE="Dr. Who, post: 13860128, member: 378146"]I got news for you, Printed press is just as bad as any TV news......Who got that judge elected?[/QUOTE]
Federal judges are appointed by the President, confirmed by the Senate, and serve for life. Patent law derives from the progress clause. There is no law that says genes are patentable, the courts have the interpreted existing law to cover genes. Patent rights are exhausted once the article enters the stream of commerce, but the patent owner still has rights in new instances like seeds just as they would be if the seeds had been manufactured in a factory.

Apparently, many are upset that the law, in its majestic equality, protects the rights of shitty companies like Monsanto as much as garage inventors.

It would be awful if there were farmers everywhere getting shut down because of inadvertent contamination but it's just not true. The farmers getting shut down are Monsanto customers who want to spray their crops with glyphosate.

This is one of my pet topics because when I looked into it I was surprised to find out that almost all of the claims by the "good guys" were bullshit. I can tell you haven't looked into this, you just assumed that 60 minutes and the organic hippies were telling you the truth.
 

greg nr

Well-Known Member
Ya know, it's been documented that monsanto employs puppets to defend them on social media. They are provided with just enough "fact" to refute the common claims and news stories, unless someone looks closely.

These aren't exactly well know case tidbits. Just how is this leo so versed in defending monsanto? hmmmmm.
 

Dr. Who

Well-Known Member
Ya know, it's been documented that monsanto employs puppets to defend them on social media. They are provided with just enough "fact" to refute the common claims and news stories, unless someone looks closely.

These aren't exactly well know case tidbits. Just how is this leo so versed in defending monsanto? hmmmmm.
I was wondering that myself...Sure seems like he loves Monsanto to defend them in such detail..How much of what is stated is Monsanto damage control? If all this info is simply internet sourced. How much of that is fake news? Just how long did it take to dig all this shit up? Man must have a shit ton of free time and nothing better to do with it.

What this B.S. you're spewing now? Try Googling "seed cleaning service" there are plenty and nothing is stopping you from buying seed cleaning equipment and starting your own business.
First off city boy, is that you have to clean/mill your harvest. Especially seeds that are for human consumption. It removes broken grain and foreign materials, like sticks and stones, and dirt balls, not to mention removing infected seed that can't be used. We even clean cover crop seeds before use. Cleaning of some seeds also includes sizing and grading. While that is done in one step, it helps increase profit, if the seed was grown right.

Secondly, all most every one that pops up in that search, Is a seed grower by trade. They offer cleaning services as a way to diversify and make some money off of really expensive. basically custom equipment that would otherwise simply sit and deteriorate from lack of use. Can you say make extra money from things you have sitting around?
You should see the mobile equipment they use out west. For use, around here. It's a service of your local grain elevator, who has bought your grain in bulk anyway. They in turn make feed out of it or ship it to grain based food makers....Anyway, the point I was making about seed cleaners being out of Business. Is about the little local fella's that used to dot the landscape of small rural communities across the US. They're gone sport!

I myself sell cleaned grains to organic grain mills to be sold to organic grain sourced producers of breads and packaged meals. I have to truck farther then I would like, but the return and the demand remain quite high. I really want to reduce our carbon footprint but, I'm at the mercy of of this for the time being.

You seem like a disingenuous busy body, questionably defending a seriously hated corporation by everyday farmers across the globe. Not to mention you have no clue as to how grain farming works... Your limited understand of farming and your supporting arguments for Monsanto (that make them look like our buddies). Suggests some kind of relationship with them.

You'll deny it again, and that maybe true.....But, you sure paint yourself in a questionable manor.

As far as Monsanto and farmers law suits. I still say it happens, and they win money from them! As far as cross pollinated seed and Monsanto not wanting you to use it. Based in fact!

FROM NPR:
Back in 1999, Monsanto sued a Canadian canola farmer, Percy Schmeiser, for growing the company's Roundup-tolerant canola without paying any royalty or "technology fee." Schmeiser had never bought seeds from Monsanto, so those canola plants clearly came from somewhere else. But where?

Schmeiser had an explanation. As an experiment, he'd actually sprayed Roundup on about three acres of the field that was closest to a neighbor's Roundup Ready canola. Many plants survived the spraying, showing that they contained Monsanto's resistance gene — and when Schmeiser's hired hand harvested the field, months later, he kept seed from that part of the field and used it for planting the next year.

The judge ruled that Schmeiser had violated Monsanto's patent, but had obtained no benefit by doing so, so he didn't owe Monsanto any money. (For more details on all this, you can read the judge's decision. Schmeiser's site contains other documents.)

So why is this a myth? It's certainly true that Monsanto has been going after farmers whom the company suspects of using GMO seeds without paying royalties. And there are plenty of cases — including Schmeiser's — in which the company has overreached, engaged in raw intimidation, and made accusations that turned out not to be backed up by evidence.

But as far as I can tell, Monsanto has never sued anybody over trace amounts of GMOs that were introduced into fields simply through cross-pollination. (The company asserts, in fact, that it will pay to remove any of its GMOs from fields where they don't belong.)


So maybe instead of defending Monsanto......You should look into those that are called "plenty of cases". I also brought up the "intimidation" and the "men watching" farmers that delivered that intimidation.....That is purely true and quite evident!


Now then, how about this one? This is the supreme court case I was pointing out. You said that was BS? :finger: 2013 - Indiana

https://www.theguardian.com/environment/2013/feb/12/monsanto-sues-farmers-seed-patents

It also lists an amount of 23 million dollars as being won by Monsanto in such cases, as of 2013!
Now tell me I'm wrong!

I hate Monsanto. Your defending THEM! WHY? I did not spread disinformation or BS!

There is no understandable reason for you to be defending them, unless?
 
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Observe & Report

Well-Known Member
But as far as I can tell, Monsanto has never sued anybody over trace amounts of GMOs that were introduced into fields simply through cross-pollination. (The company asserts, in fact, that it will pay to remove any of its GMOs from fields where they don't belong.)
Ah good, you finally see that I have been right all along. You should also actually read Bowman before you bring it up again because it doesn't support the claim that Monsanto is suing innocent organic farmers.

I'm not defending Monsanto, just attacking bullshit. There's so much of it out there but unfortunately it takes an order of magnitude more effort to counter it. Of course, it isn't worth the effort to continue to counter bullshit when the spewers are labeling federal court opinions as "fake news." You can't fix stupid.
 

Dr. Who

Well-Known Member
Ah good, you finally see that I have been right all along. You should also actually read Bowman before you bring it up again because it doesn't support the claim that Monsanto is suing innocent organic farmers.

I'm not defending Monsanto, just attacking bullshit. There's so much of it out there but unfortunately it takes an order of magnitude more effort to counter it. Of course, it isn't worth the effort to continue to counter bullshit when the spewers are labeling federal court opinions as "fake news." You can't fix stupid.
You choose to ignore the FACT that there WAS a supreme court case. (You didn't bother to look at my fact check)
Now then, how about this one? This is the supreme court case I was pointing out. You said that was BS? :finger: 2013 - Indiana

https://www.theguardian.com/environment/2013/feb/12/monsanto-sues-farmers-seed-patents
That Monsanto DID sue farmers for use of cross pollinated crops (seed patents).
It also lists an amount of 23 million dollars as being won by Monsanto in such cases, as of 2013!
Now tell me I'm wrong!
I NEVER said anything about them suing ORGANIC farmers.

You pick and choose what you see like FOX very edited NEWS.

I'll admit I had some things, not so correct. (things change as stories get passed around the farm community. Just like every other community).

You still do too! And it is a "defending" of Monsanto to say they did not SUE FARMERS over the use of cross pollinated seed. When they did!

Maybe you should focus on the truth that Monsanto has, and does not intend, to have anything to do with Cannabis.......

I'm done with this shit.
 
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