[HN Gopher] "Open source" seeds loosen Big Ag's grip on farmers
       ___________________________________________________________________
        
       "Open source" seeds loosen Big Ag's grip on farmers
        
       Author : dnetesn
       Score  : 451 points
       Date   : 2023-02-10 13:49 UTC (9 hours ago)
        
 (HTM) web link (worldsensorium.com)
 (TXT) w3m dump (worldsensorium.com)
        
       | [deleted]
        
       | emadehsan wrote:
       | > The farmers saved a percentage of the seeds and sowed them
       | again the next spring. However, this is not a lucrative model for
       | profit-oriented multinational companies, since the seed breeders
       | only earn a profit during the first sale and not again every
       | year.
       | 
       | Was the "inability of the produced seeds to be sowed again and
       | turn into a crop" intentionally baked into the seeds sold by
       | these companies, purely for profits?
       | 
       | Or was there a genuine biological / physical limiting factor?
       | E.g. crop will be more susceptible to pests?
        
         | SQueeeeeL wrote:
         | >Was the "inability of the produced seeds to be sowed again and
         | turn into a crop" intentionally baked into the seeds sold by
         | these companies, purely for profits?
         | 
         | No, it's purely a contractual limitation. Farmers need to sign
         | the rights away and performing experiments with seeds blown on
         | your land is considered a breech of contact law (i.e. you don't
         | even need to purchase the seeds to violate IP regulations).
         | https://www.theguardian.com/environment/2013/feb/12/monsanto...
        
         | Metacelsus wrote:
         | Nearly all modern crops are hybrid strains, which means the
         | offspring won't have the same genotype as the parents. This is
         | the real reason why re-planting doesn't work well. It's not
         | anything nefarious.
        
         | qup wrote:
         | Legally baked-in.
        
         | [deleted]
        
       | corpMaverick wrote:
       | Can I share a shower thought? Just because this thread made me
       | thing about how wealth is accumulating so much at the top yet
       | there is so much poverty.
       | 
       | What if we put a limit on inheritance. Let say at most 100M go to
       | your kids.
       | 
       | The rest is put on a fund with your name and shares a given to
       | kids when they are born. A way to have a legacy that doesn't just
       | go to your kids but to every kid in the next generation. Perhaps
       | rich people can be remembered that way and they don't have to
       | play games trying to be in the in top of forbes, etc.
        
       | tough wrote:
       | Love to see it
        
       | epistasis wrote:
       | Cool and all, but there's not a single mention of "hybrid" on the
       | entire page, which means that this is not targeted at the
       | majority of, say, US agriculture.
       | 
       | The general public does not understand agriculture well, and I've
       | noticed that this misunderstanding is stronger among those that
       | have huge huge concerns about seeds and GMOs. Hybridization is a
       | huge benefit, one of the primary reasons to use seeds from
       | somebody else; you get a better crop and somebody else has done
       | the work of hybridization. It doesn't matter if your seeds are
       | patented or not if you are using hybrids, the seeds from hybrids
       | do not perform as well as the hybrid seeds.
       | 
       | While it is fantastic to have the source seeds for hybrids, those
       | that have concerns about our agribusiness would do well to learn
       | more about the great skill it takes. Specialization and different
       | roles is helping improve productivity immensely, which means less
       | land is used by farming, and more land can be maintained, or
       | returned from ag use for ecological restoration.
       | 
       | And even outside of the seed business, specialized knowledge and
       | skill is incredibly for boosting productivity. For example,
       | almond farmers in California are far far more productive than
       | pecan farmers in the South in part because of contractors who
       | specialize in the planting and bed preparation for a new orchard.
       | If we could transfer this skill set from California, perhaps
       | California could stop using so much scarce water for nuts, and
       | pecans could replace almonds for many applications.
       | 
       | Deep knowledge, deep tech, and high specialization are good
       | things for advanced economies. Open source seeds definitely
       | advance that advanced knowledge, immensely. But we must also
       | abandon pastoral aspirations of converting farming back into a
       | hugely labor intensive activity as it was, say, 150 years ago.
       | Except for the few that want to do it as a hobby, our backs will
       | thank us.
        
         | badcppdev wrote:
         | Hybridisation sounds like a bug not a feature. You get a
         | benefit but with quite an extreme tradeoff.
         | 
         | To be clear I understand that hybrids are current best
         | practice. But the hybrid practice seem antithetical to open
         | source agriculture.
         | 
         | BTW would you say that seed producers have no motivation to
         | develop non-hybrids that will perform as well as hybrids?
        
           | epistasis wrote:
           | > But the hybrid practice seem antithetical to open source
           | agriculture.
           | 
           | I disagree, open source ag is completely compatible with
           | hybridization. And if open source couldn't somehow deal with
           | the benefits of hybridization, then open source ag is not a
           | route we should follow.
           | 
           | Farming is a transformation of inputs into food. It's not
           | about seeds and propagating seeds every season... that's just
           | an attachment to a practice like being super attached to, say
           | FTP as the only way to transfer files and deploy a website.
           | 
           | Open Source Ag is completely compatible with maintaining two
           | strains, crossing them, and then distributing those seeds.
           | Having widely distributed access to these seeds, and
           | information about them, gives the chance for more innovation
           | in the crossing, too. The question is whether somebody can
           | get compensated for the efforts in discovery...
        
             | lathyrus_long wrote:
             | It's not fundamentally incompatible, but non-proprietary
             | hybrids are extremely rare. The effort to maintain the two
             | parents and do the cross is much greater than that of
             | saving seed from an open-pollinated variety, so very few
             | growers will undertake that even given the chance. Even if
             | multiple growers do, the smaller population of plants in
             | each of the pure lines increases the chance of significant
             | divergence between sites, at which point the multiple
             | production sites implicitly become multiple different
             | varieties.
             | 
             | Anyone interested here might also wish to read Carol
             | Deppe's "Breed Your Own Vegetable Varieties". She's a
             | Harvard-trained geneticist and amateur vegetable breeder,
             | with special interest in open-pollinated varieties derived
             | from proprietary F1 hybrids. Her book extensively discusses
             | the underlying biology, the practical breeding process, and
             | the legal situation of such work.
        
         | pydry wrote:
         | >The general public does not understand agriculture well, and
         | I've noticed that this misunderstanding is stronger among those
         | that have huge huge concerns about seeds and GMOs.
         | 
         | This is Monsanto's most frequent talking point.
         | 
         | They're very emphatic that GMO foods designed to survive being
         | doused in massive amounts of roundup are completely safe (true)
         | _before_ they are sprayed with massive amounts of the
         | (carcinogenic*) roundup.
         | 
         | The "objectors are ignorant anti science types" with the subtle
         | mislead renders it an extraordinarily effective talking point.
         | 
         | * https://www.pbs.org/newshour/health/roundup-ingredient-
         | proba...
        
           | epistasis wrote:
           | I don't understand, is the talking point what you quotes from
           | me, or their taking point about GMOs?
           | 
           | Because I don't think what you quoted, or my comment in
           | general, is a Monsanto taking point, and I don't understand
           | the connection to Monsanto that you are trying to make.
        
             | dudeofea wrote:
             | lol
        
           | bluGill wrote:
           | > (carcinogenic) roundup
           | 
           | Citation needed. Roundup has been studied a lot. Very few of
           | those studies find it is carcinogenic - enough that meta
           | analysis finds it is not.
        
             | adamthedog wrote:
             | There is a little evidence (10.1186/s12940-021-00729-8)
             | that a very particular form of non-Hodjkins lymphoma is
             | associated with glyphospate exposure (occupationally!), but
             | ultimately... it's hard to say. There's evidence of
             | genotoxicity in human cell lines
             | (10.1007/s13205-018-1464-z), but at possibly an unrealistic
             | dose of glyphosphate-based herbicides. They are also
             | demonstrably endocrine disruptors
             | (10.1016/j.tox.2009.06.006), though again true _in vivo_
             | exposure levels to glyphosphate is not well established it
             | seems, so these studies are ultimately novel. However, it
             | 's clear that they should be given more care than they are
             | now. Hell, it took me like.. two months? to get a pesticide
             | applicator certification and now I can roundup the hell out
             | of anyone's crops, and I barely know anything about the
             | stuff.
        
         | mschuster91 wrote:
         | > Specialization and different roles is helping improve
         | productivity immensely, which means less land is used by
         | farming, and more land can be maintained, or returned from ag
         | use for ecological restoration.
         | 
         | There are three problems:
         | 
         | - the most obvious, concentration of market power. Just look at
         | the stranglehold large corporations have over politics -
         | Walmart is for example famous for getting away with underpaying
         | their employees so much they have to apply for food stamps, and
         | local politicians or unions are unable to do anything against
         | it because Walmart can at any time decide to just close shop
         | and leave an area completely without access to groceries (made
         | possible in the first place because Walmart systematically
         | undercut local stores on pricing). And people (i.e. voters)
         | would not blame Walmart, but local politicians and unions. No
         | one wants to add _yet another_ mega-corporation to depend on
         | for survival.
         | 
         | - second, concentration of genomics. When everyone and their
         | dog sans a couple eco activists and seedbanks raises the same
         | variety of crop or the same breed of farm animal, pandemics
         | have an incredibly easy game. The best warning sign what can
         | happen in such monocultural environments are forests (where
         | bark beetles and other pests run rampant and completely destroy
         | them) or bananas (Gros Michel famously got wiped out by a
         | fungus and Cavendish is at the cliff from another fungus).
         | 
         | - third, the impact of pesticides as a whole. No matter what
         | kind of pesticide, they _all_ have serious side effects - most
         | notably, they cause bees to die and as a result, all plants
         | depending on bees for pollination can 't reproduce any more.
         | And ffs it's not just bees. All kinds of insects suffer, just
         | compare your windshield after driving a car in the 90s and
         | today through a rural area. And all these insects were part of
         | the food chain for larger animals... leading to an ever growing
         | loss of biodiversity further up the chain.
         | 
         | > But we must also abandon pastoral aspirations of converting
         | farming back into a hugely labor intensive activity as it was,
         | say, 150 years ago. Except for the few that want to do it as a
         | hobby, our backs will thank us.
         | 
         | We don't need to go back that far in time. Like half the food
         | produced is wasted instead of reaching a human's mouth -
         | spoiled, rejected for missing quality benchmarks, never sold
         | because stores require an overabundance of choice for the
         | consumer, wasted because restaurants prefer to deliver too
         | large portions because they are afraid of bad Google/Yelp/...
         | reviews... the list of causes for food waste is immense. Cut
         | down on food waste, produce less food in total, and maybe avoid
         | the need for intensive agriculture in the first place.
        
           | epistasis wrote:
           | > the most obvious, concentration of market power.
           | 
           | The solution to concentrated market power is not to abandon
           | the productivity gains, but to use law and regulate to de-
           | concentrate market power. We could instead ban specialization
           | and the productivity it brings, but that's dealing with the
           | wrong thing.
           | 
           | > concentration of genomics
           | 
           | Again, solved not by banning specialization, but rather
           | through diversification of the market. Which also helps the
           | market be less concentrated, and further improves
           | productivity. "Free" markets used to mean those that were
           | unconcentrated and allowed easy entry and competition, but
           | rally bad market-fundamentalism ideology has twisted the
           | meaning, and invited reactionary thinking that "markets in
           | general are bad," which is just as wrong as the market
           | fundamentalist approach of "markets must always be used and
           | always are right." Markets are merely a tool that can be used
           | for good or for bad by societies, and markets are socially
           | constructed by law and tradition, both of which are
           | changeable, as is other parts of society.
           | 
           | > pesticides
           | 
           | This has nothing to do with advancing knowledge and
           | specialization, and in fact reducing pesticide usage is only
           | going to be enabled through greater advancement of our ag
           | tech.
           | 
           | > food waste,
           | 
           | This is a rounding error in comparison to the increase in ag
           | productivity that we have created. Also, if you have some
           | magical way of doing this, I'm all ears, it would be great,
           | but wishful thinking is no substitute for actual on the
           | ground solutions that are working.
        
             | mschuster91 wrote:
             | > This has nothing to do with advancing knowledge and
             | specialization, and in fact reducing pesticide usage is
             | only going to be enabled through greater advancement of our
             | ag tech.
             | 
             | Or by restructuring how land is used. When you have miles
             | upon miles of corn fields, it's a fucking buffet for corn
             | pests. In contrast, land that has a great variety of usages
             | - corn, wheat, grass for making hay, marijuana, rice,
             | potatoes, berries, tomatoes - makes it difficult for pests
             | to explosively sweep over entire swaths of land and leaving
             | nothing but total destruction in its wake. Our ancestors
             | knew this and changed sequentially what seeds they sowed,
             | they even let land sit idle for a season or two so it could
             | recuperate nutrients. All of this is extensively
             | documented, a lot of it has actual scientific backing, it
             | just takes a bit more effort so it isn't worth it under
             | capitalism.
             | 
             | Also, California should stop growing fucking alfalfa only
             | for the Saudis to feed cows with it. That is a waste of
             | water and land that could both be used for something more
             | productive than blood money from oil returning home. And
             | they're not the only ones doing atrocious wastes of all
             | kind of valuable resources.
             | 
             | > Also, if you have some magical way of doing this, I'm all
             | ears, it would be great, but wishful thinking is no
             | substitute for actual on the ground solutions that are
             | working.
             | 
             | Well... France for example forces supermarkets to provide
             | leftover food instead of trashing it. That led to a massive
             | increase in food that ended up in people's mouths via food
             | banks, over 10.000 tonnes a year in fact[1], additionally
             | it creates a negative incentive against overstocking.
             | 
             | Restaurants can be forced to limit portion sizes (which
             | might also have side effects to improve public health, aka
             | obesity epidemic).
             | 
             | Stores could be forced to do regular maintenance on their
             | cooler systems to reduce the amount of food lost there.
             | 
             | Students could get education on how to cook, how to check
             | if food is still edible and other food aspects. It's not
             | like their parents are teaching them...
             | 
             | tl;dr: stopping food waste can be tackled on so many levels
             | and, given 50% food waste ratios, even slashing half of
             | that is equal to provide 25% more food to the world's
             | population.
             | 
             | [1] https://www.sueddeutsche.de/wirtschaft/lebensmittel-
             | verschwe...
        
         | foreverobama wrote:
         | [dead]
        
         | Scoundreller wrote:
         | > returned from ag use for ecological restoration.
         | 
         | We don't really do that. If anything, the opposite now that the
         | land yields more value.
         | 
         | Largely we just use the excess to feed animals (ie: 90% energy
         | loss) or ethanol/biodiesel (ie: using land as a 2-3% efficient
         | solar panel, along with lots of inputs).
         | 
         | Something like 75% of US corn goes into the above 2.
        
           | epistasis wrote:
           | We do that, and actually pay farmers to keep land fallow in
           | some cases.
           | 
           | We must have this high leve of productivity before it's even
           | a possibility, but once it's a possibility we can expand its
           | use.
           | 
           | The current economic system is changeable, one ag technology
           | allows us to.
        
             | hinkley wrote:
             | One of the goals of regenerative agriculture is to get most
             | of the benefits of fallow land while still using the land.
             | 
             | From that standpoint, the math about "but you get less
             | yield" is a bit of a non sequitur. I'm changing the divisor
             | in the equation, which is usually how bad logic slips into
             | an argument predicated on numbers.
        
         | andruby wrote:
         | I didn't know about hybrid seeds:
         | 
         | "In agriculture and gardening, hybrid seed is produced by
         | deliberately cross-pollinated plants which are genetically
         | diverse"
         | 
         | https://en.wikipedia.org/wiki/Hybrid_seed
        
           | saalweachter wrote:
           | They're also a huge pain in the ass to produce, at least in
           | my experience.
           | 
           | Producing hybrid corn seeds, for instance, is done by
           | planting the two varieties in the same field, with one
           | combine-width of rows of variety A alternating with rows of
           | variety B. _Then_ you need to wait until variety A is grown
           | and ready to tassel, and de-tassel it before those tassels
           | fully form and release the pollen that drifts onto the corn
           | silk. This is usually done by hand, by a bunch of people
           | walking through the field and cutting the stalk between the
           | ears and the tassels.
           | 
           | Once that is done, your variety A ears will be pollinated by
           | variety B pollen, and all of those kernels will be hybrid.
           | But your variety B ears be purebred B, not hybrid, so you now
           | you need to harvest the field while keeping the two sets
           | separate. This step isn't too bad, if you did a good job
           | planting, you just need to first harvest the combine-wide
           | strips of hybrid corn before going back to get the B corn.
           | 
           | But yeah, you're looking at a lot of extra work -- and money,
           | you need contract labor to detassel a field in the narrow
           | window of opportunity -- to produce a hybrid seed for better
           | yields next year, and most farmers don't find it a good use
           | of time, which is why most farmers were buying most of their
           | seed well before seed patents and GMO were a thing.
        
             | shuntress wrote:
             | Isn't the point of GMO technology that you can use it to
             | accomplish this "in the lab" rather than in the field?
        
               | danuker wrote:
               | I'd be fine with GMO if it weren't for the pesticides
               | that come with it.
               | 
               | https://nutritionfacts.org/video/is-monsantos-roundup-
               | pestic...
               | 
               | > But pure glyphosate isn't sprayed on crops, Roundup is,
               | which contains a variety of adjuvants and surfactants
               | meant to help the glyphosate penetrate into tissues. And
               | indeed when the study was repeated with what's actually
               | sprayed on GMO crops, there were toxic and hormonal
               | effects even at doses smaller than the 1 or 2%
               | concentration that's used out on the fields.
               | 
               | > Roundup was found to be 100 times more toxic than
               | glyphosate itself. Moreover, Roundup turned out to be
               | among the most toxic pesticide they tested.
        
               | hinkley wrote:
               | At this point any time someone switches from talking
               | about Roundup to glyphosate, they either have an agenda,
               | or they picked up their argument from people who do. Some
               | of the 'inactive' ingredients in Roundup are more toxic
               | than glyphosate, and stick around longer. Spraying it
               | directly on yourself, the glyphosate may or may not be
               | your immediate concern, but touching something that was
               | sprayed weeks ago the glyphosate is the least of your
               | problems, so making it an argument about glyphosate is
               | one you can kind of win.
               | 
               | It's very much like the tobacco lobby playbook. Nicotine
               | may not be that bad for you (unless you're a bug) but you
               | aren't smoking nicotine. You're smoking a broadleaf plant
               | exposed to soil minerals and four kinds of pesticides and
               | antifungal compounds (fungi and human livers are
               | susceptible to many of the same chemicals) which may or
               | may not have prevented fungal volatiles from ending up in
               | your lungs alongside the trace amounts of uranium.
        
             | fencepost wrote:
             | I used to hear about "detasseling corn" as an utterly
             | miserable short-term summer job option for high school
             | students. Walking through cornfields in heavy clothes (to
             | avoid getting cut up by the leaves) in summer in Iowa.
        
               | bequanna wrote:
               | Miserable indeed! I was in Southern MN and did this job
               | for a few weeks in the summer. We started around 5:30am
               | and worked 8-10 hrs per day, rain or shine.
               | 
               | Why do this? At the time (early 2000s) it was an
               | extremely well-paying, unskilled job at $15/hr!
        
         | gtvwill wrote:
         | Fixed water requirements from tree crop farming in states where
         | water is a concern is the dumbest agri business ever. Tbh most
         | of America's farming sucks, bulk corporate welfare keeps most
         | of it propped up and is used to buffer against the efficiency
         | of global markets and y'all do some incredibly dumb stuff like
         | but farms in water restricted areas.
         | 
         | Lol nearly all your beefs feedlot... You do well to feed the
         | masses, but the countries process of getting there is like it's
         | stuck in 1950s. Lol go watch some of ya broadacre boys and they
         | still monocrop tilling thousands of acres by throwing
         | fertilizer at it. Bumpkin stuff, hardly advanced.
        
           | forgetfreeman wrote:
           | And if you could do it better you wouldn't be here throwing
           | shade about stuff you only barely understand, you'd be out in
           | a field somewhere dunking on the local farmer's co-op. If you
           | think modern ag is a bunch of ass-backward hicks then explain
           | why some comment section hero hasn't already revolutionized
           | the business. We'll wait.
        
       | efitz wrote:
       | Most people support patents because they have this romanticized
       | notion of some little guy in his garage inventing the next light
       | bulb. That's not representative of the mass offensive and
       | defensive patterns of use by modern corporations.
       | 
       | We should just end patents, period.
        
         | jandrese wrote:
         | The problem with ending patents is the alternative is medieval
         | guilds that jealously guard their knowledge, sometimes using
         | lethal force. The great thing about patents is that they force
         | people to publish the knowledge so it won't be lost to the
         | sands of time when they close up shop.
         | 
         | That said, our current patent system is problematic for sure.
         | The bar for getting a patent has become far too low as systems
         | have become too complex for independent patent examiners to
         | really understand them, which has allowed many companies to
         | amass a huge portfolio of techniques that are obvious to people
         | in the field even if they appear novel to an external observer.
         | 
         | At least patents expire in a reasonable amount of time.
         | Copyright is in a far worse place.
        
           | lordnacho wrote:
           | > The great thing about patents is that they force people to
           | publish the knowledge so it won't be lost to the sands of
           | time when they close up shop.
           | 
           | That works when the patents is some simple thing anyone can
           | understand. Nothing is like that anymore. Every interesting
           | line of research requires a specialist to understand it, and
           | every specialist represents a high opportunity cost. In
           | practice only a few people could hope to benefit from the
           | publication.
           | 
           | Throw into that the fact that it's actually lawyers who write
           | patents, and thus they are written in legalese.
        
           | briantakita wrote:
           | > The problem with ending patents is the alternative is
           | medieval guilds that jealously guard their knowledge,
           | sometimes using lethal force. The great thing about patents
           | is that they force people to publish the knowledge so it
           | won't be lost to the sands of time when they close up shop.
           | 
           | The government & large corporations use force via the justice
           | system & jealously guard top secrets, to the point of
           | violence as well. Property can be seized. I'd rather have a
           | distribution of power than consolidation, which seems to
           | attract people who are motivated by controlling other people,
           | thereby undermining the supposed benefits.
           | 
           | > The bar for getting a patent has become far too low
           | 
           | The process is also expensive & serves as a barrier to
           | innovation via market monopolies. The problem with monopolies
           | is that they don't serve the marketplace or consumers.
           | Monopoly is pure rent for the entities that control the
           | monopoly. It is common for a dominant company to buy the
           | rights to a patent only to quash the technology, all to serve
           | the dominant company's stranglehold over a market.
        
           | philipkglass wrote:
           | _The great thing about patents is that they force people to
           | publish the knowledge so it won 't be lost to the sands of
           | time when they close up shop._
           | 
           | That's a benefit that depends on the difficulty of reverse
           | engineering the knowledge from working samples. As analytical
           | instruments and procedures have improved, the relative
           | disclosure benefit of patents has diminished. Worse, patents
           | are increasingly written to hide the key insight in a hay
           | stack of obfuscatory language and irrelevant examples. I can
           | learn a lot from reading a typical 1970s-vintage chemistry
           | patent. I can't say the same about present chemistry patents.
        
         | deelowe wrote:
         | I personally know several people who were able to start
         | successful careers solely based on their inventions and the
         | protections afforded to them via patents. This seems extremely
         | short sighted. In fact, the bigger issue to me is that patents
         | don't matter for companies located in countries where they are
         | not recognized (e.g. China). The biggest issue with "some
         | little guy in his garage" inventing stuff these days is that
         | within weeks of selling it on amazon, it'll be copied, cost
         | reduced to a essentially non-functional version, and sold for
         | 1/3 the price all while pushing him down in the search results
         | via borderline illegal SEO strategies.
         | 
         | The patent system needs to be fixed, not done away with.
        
           | version_five wrote:
           | A bigger issue with for the little guy is his garage is that
           | if his actually innovation contains some trivial subcomponent
           | that's part of a patent troll or large competitors portfolio,
           | they can can sued into the ground, either to leech of their
           | success or to prevent competition. patents favor big
           | companies and trolls, and as a legal instrument it's
           | basically impossible to change that because the costs and
           | complexity always favor large incumbents. I agree it's time
           | to drop them
        
             | ROTMetro wrote:
             | Show me where this has happened? You present a theoretical
             | against an actual. I know more people who have been enabled
             | via patents than have been squashed (I know of zero
             | squashed who were actually doing something new/novel).
        
               | namibj wrote:
               | Arithmetic coding?
        
             | whichquestion wrote:
             | Would it be better to make patents have shorter lifespans
             | before entering the public domain from companies of a
             | certain size? Maybe that would level out the playing field
             | and allow small players to be more competitive against
             | behemoth corporations and patent trolls.
        
               | hesdeadjim wrote:
               | Heavily penalize patent trolling with patents that never
               | should have been granted, prevent mafia-esque lawsuits
               | from districts like east Texas, and drastically reduce
               | the cost for someone to defend themselves through some
               | form of pre-trial mediation where independent experts
               | review the validity of a claim.
        
             | hesdeadjim wrote:
             | Exactly, you have so little leverage as an individual or
             | small group. The pack of wolves that are patent trolls
             | relentlessly look for small targets who can't afford to
             | defend themselves, and larger companies courting a deal or
             | a buyout can implicitly threaten a similar situation.
             | 
             | It's also a slightly depressing reason why I refuse to
             | publish source for a commercial game I built, despite
             | wanting to. The likelihood of being sued is very tiny, but
             | why risk it when you've had enough success to be
             | noticeable.
        
           | narrator wrote:
           | That's why it's good to be an inventor for things that people
           | do in America. For example, food processing techniques.
        
         | jonhohle wrote:
         | Or patents should be assigned to individuals and not companies.
        
         | wnevets wrote:
         | Patents are still being used to protect smaller companies from
         | much larger corporations. Allowing these large corporations to
         | legally ignore patents will only make things worse for the rest
         | of us.
         | 
         | If we need to reform patents, maybe it should be based on
         | revenue generated. Once a company has been successfully
         | "incentivized" for their "innovation" the patent expires
         | sooner.
        
           | ElijahLynn wrote:
           | The https://openinventionnetwork.com/ exists now too, to make
           | defensive patents for those who want to open source their
           | patents but keep a big corp from attacking after stealing an
           | idea/patent.
        
           | SQueeeeeL wrote:
           | >Patents are still being used to protect smaller companies
           | from much larger corporations. Allowing these large
           | corporations to legally ignore patents will only make things
           | worse for the rest of us.
           | 
           | Truly small operations don't have the bandwidth or resources
           | to even file for a patent. So it's pretty much only medium
           | sized companies or those with the backing of powerful groups
           | who take advantage of the patent system.
        
             | Vt71fcAqt7 wrote:
             | The data are readily available.[0] It seems that small
             | businesses actually _can_ file patents. Even small teams
             | and individuals can file patents, and do. I fact, patents
             | per employee seemingly decreases as company size increases.
             | 
             | [0]https://cdn.advocacy.sba.gov/wp-
             | content/uploads/2022/09/1309...
        
               | outworlder wrote:
               | While that's true, have you tried? It's a full time job.
        
             | narrator wrote:
             | I successfully patented a product and licensed that patent
             | to a small company that does quite well selling a product
             | based on that patent. It did cost about $15k, but that's
             | business risk. If a megacorp ever infringed the patent, we
             | could sue them. Sure, they could try and work around it
             | with other designs, but their product wouldn't work as
             | well.
        
             | ROTMetro wrote:
             | This just isn't true I got my name on patents working at
             | small companies.
        
           | AdamJacobMuller wrote:
           | Compulsory licensing of patents as well. I'm a huge fan of
           | compulsory licensing in many industries.
        
           | user3939382 wrote:
           | Not a bad line of thought. We also have to solve the problem
           | where you have e.g. China and corporations in China blatantly
           | flouting any IP laws. If we did have a just IP regime (we
           | don't) it would continue to be severely undercut by this
           | problem. Somehow, if it's even possible, we need buy-
           | in/treaties etc. from the major economies.
        
           | freddref wrote:
           | Can you give us an example where a smaller company was
           | successful in court against a much larger corp?
        
             | akhosravian wrote:
             | This is the business model of patent trolls.
        
             | rowanajmarshall wrote:
             | Nearly a decade ago but this:https://www.lexology.com/libra
             | ry/detail.aspx?g=54cf4b4f-ccb4...
             | 
             | Nestle has around 276,000 employees today, while Dualit
             | seems to have around 100-200 (hard to tell since Dualit is
             | private).
        
               | bitcharmer wrote:
               | And for one case of a small entity successfully defending
               | against a Behemoth there's hundreds of cases where it was
               | the exact opposite.
        
             | wnevets wrote:
             | You are asking the wrong question IMO.
             | 
             | We really want examples of large companies licensing
             | patents or buying smaller companies for their patents. Both
             | are examples of patents helping smaller companies against
             | those much larger. If patents no longer existed those
             | smaller companies would get nothing.
        
           | hammock wrote:
           | >maybe it should be based on revenue generated
           | 
           | The pitfall there is that there is no guarantee of revenue.
           | You also invite the possibility of predatorily delaying
           | revenue generation. _Potential_ revenue generated would be
           | more on the nose.
           | 
           | In another sense, sustaining a patent until it generates
           | sufficient revenue can be seen as oxymoronic to the idea that
           | patents incent products that serve the public interest -
           | since, if the patent is not creating value, how can it be in
           | the public interest?
           | 
           | Patent lifespans are already sort of considered based on
           | potential revenue generated, and use number of years as a
           | proxy for that
        
             | wnevets wrote:
             | You wouldn't need to get rid of the current limits, just
             | expire the patent sooner. If a company generates $10
             | Billion dollars in the first 5 years of their 20 year
             | patent the reminding 15 years isn't necessary to
             | incentivize innovation.
             | 
             | Rewarding innovation has been archived, just skip ahead to
             | the part where the public at large benefits.
        
               | hammock wrote:
               | So a cap on patent revenues, with ensuing expiration
        
               | wnevets wrote:
               | precisely
        
           | gibspaulding wrote:
           | I could see a scenario if this were the case where some
           | company works out a way to sit on a patent adjacent to
           | something they sell so that they keep competitors from using
           | the idea, while not actually using the idea itself (or using
           | it in a way engineered not to make a profit). That way they
           | can maintain their entrenched position longer by squashing
           | innovation.
        
           | msla wrote:
           | Large companies have patent warchests, and can engage in
           | long-term litigation to ensure small companies cannot
           | compete. Patents do nothing to protect small companies from
           | that. "Ignoring patents" as you say would help level the
           | playing field for every company, and ensure companies cannot
           | do things like patent XOR and destroy all of their
           | competition.
        
           | 2Gkashmiri wrote:
           | >Patents are still being used to protect smaller companies
           | from much larger corporations. Allowing these large
           | corporations to legally ignore patents will only make things
           | worse for the rest of us.
           | 
           | why? why does it have to be only larger companies? if its a
           | free for all, i copy your product, you copy mine. how is that
           | not free market? people will choose so let them.
           | 
           | you could decide to not publicly release a product but you
           | risk your competitor "inventing" the same thing in their own
           | way so you can only either release it first or make the
           | biggest noise.
        
           | bheadmaster wrote:
           | In theory, yes.
           | 
           | In practice, the big companies usually have a ton of vague
           | questionable defensive patents that cover a huge space of
           | "inventions", so even if the smaller companies try to sue,
           | they will get avalanched by an array of patent suits that
           | could potentially bankrupt the company.
        
             | kerkeslager wrote:
             | I'm all for reforming patents, but this seems like it's
             | more a part of a larger set of problems with how civil
             | suits are really only a tool for the big guys, namely:
             | 
             | 1. With inadequate penalties for filing frivolous lawsuits,
             | filing frivolous lawsuits becomes a strategy. I've
             | unfortunately had a close friend be a victim of this
             | strategy. I won't name my friend, but I will name that
             | Jared Kushner's companies were the (repeated) plaintiff. If
             | we close the loopholes around patents (and we should) it
             | will only make the filing of frivolous lawsuits slightly
             | less efficient, because the lawsuits will get thrown out
             | quicker. Note that even if the lawsuits get thrown out,
             | they still cost the defendants money to get them thrown
             | out, so patent reform wouldn't even necessarily mean they
             | can't file patent lawsuits, it just means the lawsuits
             | might get thrown out slightly faster.
             | 
             | 2. Justice isn't possible in civil suits where the
             | plaintiff and defendant have disparate resources to pay for
             | counsel.
        
             | cptskippy wrote:
             | Exactly. Companies file and retain patents that aren't
             | defensible or questionable for defensive purposes. Perhaps
             | the patents won't hold up in court but given enough of them
             | you can bankrupt someone before they can prove them all
             | invalid.
        
           | dgb23 wrote:
           | Wait that actually makes a ton of sense, at least in theory.
           | Never thought about it this way. Though there's probably a
           | want to amortize risk of failed research projects, failed as
           | in "didn't contribute to a product"?
        
         | strbean wrote:
         | When the little person in their garage invents the next light
         | bulb, and goes to industry players to try to license it, they
         | just steal their idea and legally stonewall them for the
         | remainder of their lifespan.
        
         | alphanullmeric wrote:
         | End intellectual "property" in general. Unfortunately
         | resistance seems to be coming from artists and the like just as
         | much as big corporations.
        
         | randomdata wrote:
         | _> We should just end patents, period._
         | 
         | In the case of seeds, they could still hide behind plant
         | breeders' rights[1], though.
         | 
         | [1] https://laws-lois.justice.gc.ca/eng/acts/p-14.6/
        
         | mattwest wrote:
         | The real use and value of a patent (or any IP mechanism) is
         | during litigation. It's easy to say "just end patents" until
         | two parties are in court and have nothing to form arguments
         | around.
        
         | evdubs wrote:
         | Even researchers at the Fed agree
         | 
         | > The case against patents can be summarized briefly: there is
         | no empirical evidence that they serve to increase innovation
         | and productivity. There is strong evidence, instead, that
         | patents have many negative consequences.
         | 
         | https://research.stlouisfed.org/wp/more/2012-035/
        
         | HDThoreaun wrote:
         | Patented seeds have funded GMO research which has saved
         | literally hundreds of millions if not billions of lives through
         | famine reduction. Yes it sucks for farmers, but I can't see how
         | it has been anything other than absolute boon for humanity.
        
           | somenameforme wrote:
           | Apologies for the excess of links below. I find posts that
           | spam links annoying, but if somebody believes GM products
           | have saved millions/billions of lives, then they won't (and
           | shouldn't) believe rando internet guy, and all the points are
           | pretty distinct.
           | 
           | ---
           | 
           | GMOs were first made available in 1994 [1]. You can find data
           | on famine deaths over time here [2]. Global famine deaths
           | were near zero per 100k before GMOs had been developed. As an
           | aside on this, the reason for historic famines was often not
           | a lack of food or crops, or even weather - but war, which
           | disrupts supply lines and may damage production.
           | 
           | GMO products are also primarily only grown in the USA and
           | Brazil. [3] Of the two largest countries in the world, India
           | has a complete ban on GM products except cotton, and China
           | previously had a complete ban but lately has been in a state
           | of flux, in no small part because of trade concessions - the
           | US _really_ wants to sell GM soybeans to them.
           | 
           | The vast majority of GMOs are used to feed Americans,
           | Brazilians, livestock, and cars. If you don't understand that
           | last one - US/Brazilian corn is often turned into heavily
           | subsidized ethanol fuel. Which absolutely sucks as a fuel in
           | every possible way [4], but has found a place in the market
           | thanks to governmental regulation.
           | 
           | ---
           | 
           | [1] - https://en.wikipedia.org/wiki/Flavr_Savr
           | 
           | [2] - https://ourworldindata.org/famine-mortality-over-the-
           | long-ru...
           | 
           | [3] - https://sci-
           | hub.ru/https://link.springer.com/chapter/10.1007...
           | 
           | [4] - https://www.forbes.com/sites/stevensalzberg/2016/04/25/
           | why-a...
        
             | Anarch157a wrote:
             | We don't use that much corn to make ethanol here in Brazil.
             | The share of corn in our ethanol production is only 13% of
             | the total[1], the rest is from sugar cane. According to the
             | research institute Embrapa, most of our corn is for human
             | or animal consumption.
             | 
             | As for your affirmation that it sucks for fuel, the growth
             | of corn as a competitor for sugar cane in the production of
             | ethanol here in Brazil is not "thanks to government
             | regulation". In our country, sugar cane farmers have a lot
             | more pull with the government than corn farmers. If
             | government meddling was an issue, it would make the use of
             | corn as a source of ethanol more difficult, not easier.
             | 
             | If ethanol producers here are turning to corn, is because
             | it has economical benefits.
             | 
             | --- [1] https://digital.agrishow.com.br/graos/etanol-de-
             | milho-como-e...
        
           | sethjgore wrote:
           | Absolute boon for "humanity" is a such abstract notion. The
           | reality is that farmers are robbed and food we eat are way
           | less nutrient dense, etc etc. boon...for whom?
        
             | ROTMetro wrote:
             | Would there be another way to feed 7+ billion people? How
             | many human lives would you trade for more nutrient dense
             | food?
        
           | wazoox wrote:
           | > _Patented seeds have funded GMO research which has saved
           | literally hundreds of millions if not billions of lives
           | through famine reduction._
           | 
           | Sources? References? Sounds like PR bullshit from Syngenta,
           | frankly. For a start, half the world population is living off
           | subsistence agriculture, i.e. not patented nor GMO seeds.
        
             | whimsicalism wrote:
             | > half the world population is living off subsistence
             | agriculture
             | 
             | Doubt GMOs have yet saved hundreds of millions like the
             | green revolution did, but this claim is false.
        
           | Marazan wrote:
           | There has not been a single famine since the beginning of the
           | 20th century that was not man-made (i.e. due to either people
           | in power preventing aid reaching those who needed it or by
           | people in power stripping people of their food).
           | 
           | GMO crops have nothing to do with famine reduction.
        
             | whimsicalism wrote:
             | I doubt we would call any famine post-20th century
             | apolitical due to how recent they are but many of them
             | likely would not have occurred if food had been easier to
             | grow, political dysfunction aside.
        
           | jimbob45 wrote:
           | >Bad thing is good because it funded good thing
           | 
           | I'm not sure your reasoning makes sense to me.
        
           | Cerium wrote:
           | Autocorrect between boon and boondoggle?
        
           | narrator wrote:
           | Norman Bourlag is the guy mostly responsible for the huge
           | increases in agricultural productivity in the 20th century
           | and he gave most of his stuff away.
        
         | Vt71fcAqt7 wrote:
         | I'm not sure that it's so clear cut. I think we should be more
         | strict with accepting new patents however wrt prior work and
         | extending them. Companies should be able to ignore patents as
         | soon as they find prior work. Then it should become the
         | responsibility of the patent holder to prove that there really
         | isn't prior work. And there really shouldn't be a way to extend
         | patents easily if at all. Patents are also benneficial in that
         | they serve as a database of sorts of new discoveries (with
         | pictures!). I can point to the exact US patent of the field
         | effect transistor,[0] for example.
         | 
         | [0]https://patents.google.com/patent/US1745175A/en
        
         | AlgorithmicTime wrote:
         | [dead]
        
         | TheRealPomax wrote:
         | Do they? Any adult I've ever talked to sees patents as anything
         | ranging from "a necessary evil" to "literally the worst thing".
         | No one thinks it somehow helps the little guy stick it to the
         | big players. The little guy isn't interested in sticking it to
         | the big players, they're interested in _selling_ to the big
         | players.
        
         | GTP wrote:
         | I don't think we should end patents, as I think that someone
         | that develops an idea has the right to profit from that idea,
         | if she chooses so (and the same holdsfor companies doing R&D).
         | What I think should be done, is reflecting on patents/copyright
         | duration, as in some cases it seems too long for me, to the
         | point that in some cases we have that the profits end up in the
         | hands of companies that have nothing to do with the original
         | inventor/author.
        
         | kahrl wrote:
         | Something something baby bathwater.
        
           | efitz wrote:
           | I think that baby died a long time ago.
        
           | zellyn wrote:
           | Something something giant fire-breathing, acid-spewing,
           | tentacle-flinging, city-crushing kaiju bathwater.
        
         | gnarbarian wrote:
         | I think the elephant in the room is that China will readily
         | ignore any patents and produce competing products anyway. it's
         | really tough to make money off of hardware when you are
         | immediately undercut by the people you contract out to
         | manufacture your product.
        
           | tchalla wrote:
           | The other elephant in the room is that almost every other
           | country has done the same. Examples : Germany, US and now
           | China. Great powers are built on imitation, then innovation.
           | 
           | https://www.discovergermany.com/the-history-of-made-in-
           | germa...
           | 
           | https://www.smithsonianmag.com/smart-news/how-industrial-
           | esp...
        
         | photochemsyn wrote:
         | It's unclear in the technological sector whether the patents or
         | the exclusive licensing of those patents are the real issue. In
         | academic research at universities, patented research is not the
         | problem - it's more the exclusive licensing of those patents
         | (taxpayer-financed, as well) to private interests. A better
         | option would be to allow any interest to use academic patents
         | for something like a flat fee / percentage of profits
         | arrangement.
         | 
         | In general though, I agree - intellectual property gives too
         | much power to the financial sector and the lifetime of patents
         | and copyrights should be cut in half.
        
         | outworlder wrote:
         | "Of course, salad is no software, and the work of plant
         | breeders has to be protected. Otherwise they might fare like
         | plant breeder Jim Baggett in Oregon, who in 1966 started
         | breeding broccoli with an extra-long stem so it could be
         | harvested more easily. He shared his novel broccoli with
         | researchers and other breeders -- until Monsanto-offspring
         | Seminis patented a broccoli with exactly that trait in 2011.
         | Baggett could trace more than a third of the plant material to
         | his work. "
         | 
         | Patents at work.
        
         | ptero wrote:
         | To me, a better approach would be to limit the patent time. 5
         | years of protection should be plenty of time for a company that
         | _intends_ to develop a technology based on its invention to get
         | a commanding lead.
         | 
         | Absolutist solutions can backfire in unexpected ways. We should
         | take an iterative approach unless a single jump is the only
         | option. My 2c.
        
         | rqtwteye wrote:
         | "Most people support patents because they have this
         | romanticized notion of some little guy in his garage inventing
         | the next light bulb. That's not representative of the mass
         | offensive and defensive patterns of use by modern
         | corporations."
         | 
         | I often think that the bigger a company or wealthier a person
         | is they should get less things like tax deductions, patent
         | protection, subsidies and a lot of others.
        
           | twblalock wrote:
           | Penalizing success is a great way to destroy innovation along
           | with the rest of the economy.
        
             | rqtwteye wrote:
             | I think in total these big organizations and super wealthy
             | people destroy innovation. They produce some cool things
             | but at the expense of suppressing a lot of things smaller
             | players would produce.
        
         | quantified wrote:
         | End patents for anything that lives
        
         | [deleted]
        
         | LatteLazy wrote:
         | Most people support farmers because they have a romantic idea
         | of "Old Macdonald" instead of modern agri-corps. There is no
         | real reason for someone to care either way in this case. Not
         | that what the average person thinks about a niche, complex,
         | uncertain, issue should matter...
        
         | lend000 wrote:
         | The main problem is that most patents last 20 years. To fix the
         | problem, durations should be dramatically reduced (60%
         | reduction would be a good start) and there should be provisions
         | to protect against patent trolls, i.e. that your lawsuit if
         | frivolous UNLESS you are either the original inventor or can
         | prove an active attempt to commercialize the technology.
         | 
         | There is some good to intellectual property -- it's more of a
         | tuning problem that is currently tuned for the slow moving
         | 1800's.
        
         | dylan604 wrote:
         | or end the offensive/defensive patterns used by modern
         | corporations?
         | 
         | someone invents a thing, someone else uses thing for evil. what
         | to do? we ban the thing!!! yes, of course, that's the solution.
         | don't punish the one that did the evil.
         | <hangsheadinshameatthenotion>
        
           | paulmd wrote:
           | the federal reserve doesn't think there's empirical evidence
           | that patents have positive societal benefits and they think
           | there are very empirical and measurable harms.
           | 
           | https://research.stlouisfed.org/wp/more/2012-035
           | 
           | this isn't "generally good thing that some people abuse",
           | this is the entire patent system is fundamentally not
           | producing _any explicable benefits_ and _significant
           | measurable harm_ , there is no reason to keep it around.
           | 
           | the scenario about the inventor who comes up with the better
           | lightbulb in his garage doesn't happen. if it does, somebody
           | else copies his idea (it's gotta be fairly trivial for
           | someone to make it in a garage) or opens up their own patent
           | portfolios and finds an overbroad patent that describes some
           | trivial component or practice that is widely used, and drags
           | him into litigation that bankrupts him for the rest of his
           | life.
           | 
           | in software the example would be that you get dragged by
           | someone who has patented "e-commerce on a website" or
           | "software updates over the internet" and the money to have
           | lawyers fight it while you empty your warchest.
           | 
           | no "I would simply..." or "but a law firm would do that pro-
           | bono" is necessary here, either, those are both _real-world
           | examples_ , someone tried to shake down Newegg in 2015 with
           | the e-commerce patent for example. And it worked for a lot of
           | previous victims, none of whom felt like Newegg that it was
           | worth fighting on principle or for direct economic benefit
           | alone.
           | 
           | Patents literally kill companies, and they don't actually
           | produce the intended innovations. And that's _the federal
           | reserve_ saying it. There were debates on ending it in the
           | 50s, and they made the wrong decision.
           | 
           | > If we did not have a patent system, it would be
           | irresponsible, on the basis of our present knowledge of its
           | economic consequences, to recommend instituting one. But
           | since we have had a patent system for a long time, it would
           | be irresponsible, on the basis of our present knowledge, to
           | recommend abolishing it.
           | 
           | The harms have now clearly exceeded the benefits of keeping
           | it. It may not have been worth the trouble of abolishing it
           | in 1958, it is now.
        
             | dylan604 wrote:
             | what does a banking system have to do with patents?
             | 
             | >(it's gotta be fairly trivial for someone to make it in a
             | garage)
             | 
             | this is just grade-A pure bullshit. was the first Apple
             | computer trivial? i stopped reading the rest of whatever
             | the novel you wrote at this point
        
       | digitallyfree wrote:
       | There are two interesting things here from a legal perspective.
       | 
       | 1. Licensing works on the commercial seeds because they are
       | patented, and thus the company that makes those seeds can dictate
       | license terms on the farmers. As far as I can tell, these open
       | seeds are not patented and thus their creators can't really
       | impose license terms on the buyers unless they sign a contract
       | before sale. That would be treated solely under contract law, not
       | patent/copyright law.
       | 
       | 2. Apparently these seeds use some sort of shrink-wrap license
       | agreement as quoted below, which attempts to form the contract
       | agreement mentioned in #1.
       | 
       | "The license is printed on every OSS seed package in Europe.
       | Whoever opens an OSS package agrees to never patent these seeds
       | or future breeding of them."
       | 
       | Considering the general dislike for/legal questionably behind
       | shrink-wrap agreements, this sounds like a very poor way to
       | enforce the OSS license. Also it is uncertain how valid this
       | agreement is unless the seeds are patented (in that case the
       | buyer's OSS rights can be granted via patent license terms).
        
         | efitz wrote:
         | > ...this sounds like a very poor way to enforce the OSS
         | license
         | 
         | I thought the same thing, reading the article.
         | 
         | A much more effective way, IMO, would be to establish a trust
         | or foundation with the desired openness characteristics (eg
         | FRAND) defined in its charter, and then have participants
         | assign IP rights to the organization in some contract.
         | 
         | Or, as I said in my other reponse, just end the patent system.
        
       | ElfinTrousers wrote:
       | "Open source seeds", or as we used to call them, "seeds".
        
         | linuxftw wrote:
         | Open source seeds as in the Open Source Seed Initiate [1] come
         | with a GPL-like pledge that you won't restrict creations from
         | seeds based on these seeds [2]
         | 
         | > You have the freedom to use these OSSI-Pledged seeds in any
         | way you choose. In return, you pledge not to restrict others'
         | use of these seeds or their derivatives by patents or other
         | means, and to include this pledge with any transfer of these
         | seeds or their derivatives.
         | 
         | [1]: https://osseeds.org/ [2]: https://osseeds.org/ossi-faqs/
        
           | ElfinTrousers wrote:
           | I'm not against this idea--I'm just frustrated by the fact
           | that this is now something we have to spell out explicitly
           | and back with the threat of legal action, instead of common
           | sense.
        
             | linuxftw wrote:
             | Well, you've always had to do this. If you give someone
             | seeds, they would be free to use those seeds to develop
             | patented varieties.
        
       | davexunit wrote:
       | My favorite seed seller, Fedco, has an OSSI section:
       | https://fedcoseeds.com/seeds/list-ossi
       | 
       | I have tried and liked Dazzling Blue Kale and Gildenstern
       | Lettuce. I'm trying out some other OSSI lettuce varieties this
       | year, of which there are many.
        
       | topynate wrote:
       | Trying to work out what's going wrong in the cases this article
       | describes, such that the principle "you can't patent something
       | that exists" apparently doesn't apply. Is it that an independent
       | breeder develops a certain strain, say red salad, and then a big
       | company makes a modification to that strain, and patents the
       | modification, such that the independent breeder is prevented
       | somehow from continuing to develop red salad? That still doesn't
       | make perfect sense to me but it makes more legal sense than
       | "company got patent on what you already made, you can't make it
       | anymore", which is just not how patents work.
        
         | pacetherace wrote:
         | The cases that the article talks about (broccoli and red
         | carrot), the researchers shared the seeds/plants with other
         | researchers without applying for any patents or open
         | disclosures. I don't think Seminis is really saying that they
         | can't make it anymore, rather the issue is that for a common
         | farmer it is not worth planting something and worrying about a
         | lawsuit from Monsanto/Seminis to prove they provence of the
         | seeds.
         | 
         | With open source seeds, 1. The farmer knows that they there are
         | no legal issues with using specfic seeds 2. The onus is on
         | Seminis to prove that their seed is not a derivative of open-
         | source seed, which means they have to file a lawsuit against a
         | non-profit (hopefully well funded) instead of a lone farmer
        
       | boomboomsubban wrote:
       | Do plants engineered to not produce plantable seeds have some
       | kind of advantage, or is it purely so the seed producers can
       | continue selling the seeds?
       | 
       | I remember when I first heard of roundup ready crops as a child,
       | that aspect of it completely baffled me both in why and how they
       | would make plants not replantable.
        
         | pkphilip wrote:
         | The only advantage is that these companies can force the
         | farmers to keep buying seeds from them. It is the susbscription
         | based revenue model for agriculture :)
         | 
         | https://borgenproject.org/terminator-seeds-threaten-sustaina...
        
         | igvadaimon wrote:
         | They get unique characteristics, like all the tomatoes look
         | identical and have long shelf life which is important for
         | customers because they "eat with their eyes". They also taste
         | like shit but who cares, right?
        
         | linuxftw wrote:
         | The seeds produced are often plantable. For many seeds,
         | especially GMO seeds, the grower needs to acquire a license to
         | the seeds and agrees not to save seeds from planted crops (as
         | you suspect, to ensure income for the seed producer).
         | 
         | Other seeds are patented varieties. Typically these are
         | 'hybrids' which are a cross of two varieties of the same plant
         | for whatever specific features they select. These seeds won't
         | 'breed true' so the offspring will likely not be identical to
         | the parents.
         | 
         | From what I understand, GMO crops won't have a very stable
         | lineage. Nature tends to select against the genetic
         | modifications, but I do believe most GMOs are replantable
         | today.
         | 
         | This is not the case for GMO salmon, which they are trying to
         | sterilize.
        
           | pfdietz wrote:
           | Why would hybrids have to be patented? You are confusing
           | separate things here.
        
             | linuxftw wrote:
             | Hybrids don't have to be patented, but if they're new
             | varieties, they certainly can be. Similarly, new varieties
             | that aren't necessarily hybrids (eg, once were hybrids and
             | now are stable) can also be patented.
        
         | a_bonobo wrote:
         | There are no plants engineered to not produce plantable seeds.
         | There's a long-standing moratorium on terminator genes that is
         | generally observed.
         | 
         | The reason why you have to rebuy your seeds from the companies
         | is because of hybrid vigor:
         | https://en.wikipedia.org/wiki/Heterosis
         | 
         | It's still not 100% understand how this actually happens (heaps
         | models and results exist), but when you cross two reasonably
         | distantly related parents, the offspring F1 will outperform
         | both. However, if you then backcross the offspring again,
         | you'll lose that hybrid vigor, and your F2 behaves like crap
         | again (often the F2 is also all over the shop in the phenotype,
         | which makes harvesting annoying with different flowering times,
         | different sizes etc.)
         | 
         | That's the whole business model of the seed companies: keep on
         | remaking F1s, sell them. There's nothing nefarious or GM about
         | this, it goes back to the 50s and 60s with Norman Borlaug
         | making hybrid F1s in wheat triggering the green revolution.
        
           | bluGill wrote:
           | Hybrid was discovered in the 1930s. WWII needed all the farm
           | production the US could get to feed the rest of the world, so
           | hybrid crops were pushed heavily on all farmers. Since then
           | few farmers have gone back.
        
           | bitshiftfaced wrote:
           | I never knew about this. That's interesting. So then hybrid
           | vigor is the reason farmers don't grow their own seeds, which
           | contradicts the article. Obviously the OSS people would know
           | this, so then the purpose must be more about encouraging
           | plant diversity and allowing more companies to sell these
           | varieties to farmers.
        
             | pfdietz wrote:
             | Hybrid vigor is also why eugenic nightmares are
             | misconstructed. If some nefarious dictator wanted genetic
             | supersoldiers, he'd breed them by hybridizing sickly inbred
             | strains, and then prohibiting the supersoldiers from
             | themselves reproducing.
        
               | trallnag wrote:
               | can you explain further or maybe link to something?
               | Eugenics can also mean eradicating certain unwanted
               | elements like illnesses or black skin.
        
               | bluGill wrote:
               | Hybrid vigior is known to apply to plants. It isn't clear
               | if it applies to humans. While it is known that marrying
               | your sibling (brother/sister) is bad, and near cousins
               | are a questionable, is it better (for your children) is
               | you are very distant? Should you look to a different
               | continent for a spouse? I don't know for sure, but the
               | evidence I've seen doesn't support that. Unlike with
               | plants, so long as your are more than 5th cousins away
               | (I'm not sure where the line is, so I picked something
               | distant enough that I think everyone will agree it is too
               | far) there doesn't seem to be any advantage in getting
               | more distant.
        
           | imtringued wrote:
           | What's nefarious is being coerced to take on foreign debt to
           | buy these seeds and then watching the country fall apart
           | because the food is for domestic consumption and not for
           | export, which means there will be a trade deficit as the seed
           | exporter is not obliged to import products from your country
           | (which violates Say's Law that so many people seem to hang
           | onto). So your only option is to send all the bright people
           | in your country to the seed exporting country so they can
           | earn domestic currency so that your country can afford basic
           | food production.
           | 
           | You can then chalk all of this up to corruption and
           | incompetence and government mismanagement even though it is
           | quite literally just a trade deficit that could be solved by
           | having the other country import your products. This is why
           | Keynes suggested his Bancor system, because it gets two
           | countries to fix their trade imbalances instead of pointing
           | fingers and starting a blame game that helps nobody.
        
         | traverseda wrote:
         | Lots of "normal" plants don't produce usable seeds. Basically
         | every apple you've ever had will produce a crab apple tree when
         | planted, if you want to copy that tree you need to take a
         | cutting and propogate that.
         | 
         | I suspect that these engineered plants don't have some specific
         | "don't produce seeds" gene added in, they're just hybrids like
         | a liger or a mule.
        
           | kwhitefoot wrote:
           | They are hybrids but unlike mules they are generally fertile
           | whereas mules are frequently infertile. But the second
           | generation produces a range of types with varying growth
           | rates, ripening times, yields, etc.; so it is not really
           | useful to propagate them.
        
           | pard68 wrote:
           | Not quite how apples work and planting an apple seed won't
           | make a "crab apple" -- that is a distinct species of tree.
           | Getting a crab apple from a seed from a store bought apple
           | fruit is the same as planting corn and getting rye.
        
         | bluGill wrote:
         | As others pointed out, such plants don't exist.
         | 
         | Plants that don't produce plantable seeds have a big advantage:
         | some seed is spilled every harvest. Farmers rotate crops, if
         | you have corn gorwing in your soybean field that is one of the
         | worst weeds you can have. Not only does the corn take nutrients
         | you intend for your soybeans, it is also providing a host for
         | any corn disease in your field that you are hoping die off now
         | that it doesn't have corn to live in.
        
         | boppo1 wrote:
         | >have some kind of advantage
         | 
         | Pretty sure it's so you can't collect the newly produced seeds
         | and sell them on the black market to people next season.
         | Basically what you said, but it's not just about preventing
         | people from 're-using' what they bought, but also preventing
         | them from providing it to others.
        
         | ch4s3 wrote:
         | They are far less likely to spread novel genes around the
         | environment.
        
         | CommitSyn wrote:
         | I believe it's the engineering of other aspects (drought
         | tolerance, growth factors, etc) that make them incapable of
         | producing viable seed - not that the only engineering is to
         | make them unable to put out fertile seed.
        
       | jmyeet wrote:
       | I'm very close to the IP abolitionist end of the spectrum. For
       | copyright, give works 20 years of protection. Beyond that you
       | have to start paying hefty fees for 10 year blocks. The fee can
       | double every 10 years. You want a Mickey Mouse ad infinitum
       | copyright? If you're prepared to pay billions for it, go right
       | ahead.
       | 
       | Patents should generally not exist. Software patents should
       | absolutely never exist. The fact that companies game patents so
       | we still have insulin under patent 100 years after its invention
       | by doing minor changes is not just a bad actor, it's a bad
       | system.
       | 
       | GM crops are particularly egregious because seeds don't stay in a
       | field. You can infringe a patent because some animal decided to
       | eat a plant and then relieve itself on your field.
       | 
       | There's another angle though: not only are seed subscriptions
       | (let's face it, that's what this is) just another way to extract
       | the last few dollars from farmers, it's downright
       | anticompetitive. You think the farms Big Ag are operating are
       | paying those fees? Of course not.
        
         | Kalium wrote:
         | On the contrary, I would bet a fair amount that ADM and similar
         | are scrupulous about paying for hybrid seeds from Bayer and
         | similar every year. They may get a better rate for being a very
         | large customer, but that's true in almost every arena.
        
       | xwdv wrote:
       | There should be an open source label on produce grown from open
       | source seeds.
        
         | giantg2 wrote:
         | Wouldn't it be better to labeled protected produce with patent
         | numbers? Then you force the cost and overhead on them rather
         | than the fledgling open-source seed movement.
        
           | db48x wrote:
           | That would be pretty hilarious. I don't think it would really
           | work, but what could work is labeling the seeds with precise
           | information about what patents they embody. Farmers could
           | then collect the seeds and store them against the day the
           | patents expire. Once the patents are expired (which can take
           | up to 20 years), they can start planting them with no
           | restrictions.
        
       | college_physics wrote:
       | What headline to expect next?
       | 
       | "Open Source Air molecules Loosen Big Air's Grip on World's
       | Breathing Population"
       | 
       | Abusing intellectual property concepts to effectively feudalise
       | society is not a good design. "Big Ag" has been granted a license
       | to operate. This license could be taken away.
        
         | hanniabu wrote:
         | Possibly, there was a time when people wouldn't have imagined
         | needing to pay for water
        
           | tpxl wrote:
           | You can always walk to the nearest river and get the water
           | for free.
        
             | malikNF wrote:
             | Lol no you can't. For example
             | 
             | https://www2.gov.bc.ca/gov/content/environment/air-land-
             | wate...
        
       | rblion wrote:
       | It's fascinating how everything that make up civilization is
       | being reimagined as we speak. This is really just the beginning
       | of a new millennium and look at all that's already happened since
       | 2000.
        
       | mughinn wrote:
       | The solution to this would actually be to end the existence of
       | Intellectual Property and allowing people to do what they want
       | with the things they own.
       | 
       | It would also solve most of the issues with copyright in memes,
       | YouTube and the like
        
       | luoc wrote:
       | I remember, there was a case where a farmer grew patented plants
       | on his field. They spread to his neighbours field who then got
       | sued by the patent holding company for not licensing that plant.
       | My memory is a bit fuzzy here but you get the idea.
       | 
       | Now, how about reversing that? Think of a GPL-like licensed plant
       | that makes all derived plants also inheriting that license.
       | Legally poisoning the binary distribution format DNA of all
       | inferred works. Wait a few decades and, with a little bit of
       | evolutionary luck, wake up in a Stallman garden.
       | 
       | I'm just a naive dude with no clue about genetics or even law.
       | Just a thought that came to my mind :^)
        
         | richbell wrote:
         | > I remember, there was a case where a farmer grew patented
         | plants on his field. They spread to his neighbours field who
         | then got sued by the patent holding company for not licensing
         | that plant. My memory is a bit fuzzy here but you get the idea.
         | 
         | You are thinking of https://en.wikipedia.org/wiki/Monsanto_Cana
         | da_Inc_v_Schmeise.... He is often heralded by anti-GMO
         | activists as an example of the dangers of GMOs and Monsanto,
         | but the fact of the matter is that the "cross contamination" is
         | a myth. He deliberately took cultivars from his neighbour's
         | plot and analysis showed that they comprised a significant
         | portion of his crops, which wouldn't be possible by cross-
         | pollination alone.
         | 
         | Should seeds be patented? Are Bayer, Monsanto, Syngenta, and
         | agrochemicals companies evil? These are all worth discussing
         | (the answer to the second question is yes), but that particular
         | myth is not.
        
           | luoc wrote:
           | Thanks for the link :)
        
           | skywal_l wrote:
           | > He deliberately took cultivars from his neighbour's plot
           | 
           | You mean stole? Where do you see this in the link you
           | provided?
           | 
           | That's what I read in the article.
           | 
           | > As established in the original Federal Court trial
           | decision, Percy Schmeiser, a canola breeder and grower in
           | Bruno, Saskatchewan, first discovered Roundup-resistant
           | canola in his crops in 1997.[4] He had used Roundup herbicide
           | to clear weeds around power poles and in ditches adjacent to
           | a public road running beside one of his fields, and noticed
           | that some of the canola which had been sprayed had survived.
           | Schmeiser then performed a test by applying Roundup to an
           | additional 3 acres (12,000 m2) to 4 acres (16,000 m2) of the
           | same field. He found that 60% of the canola plants survived.
           | At harvest time, Schmeiser instructed a farmhand to harvest
           | the test field. That seed was stored separately from the rest
           | of the harvest, and used the next year to seed approximately
           | 1,000 acres (4 km2) of canola.
        
         | permo-w wrote:
         | I did not know about how GPL works until I read this comment.
         | I'm glad I do now. thank you!
        
         | tptacek wrote:
         | No, he got sued by the patent holding company for using those
         | seeds _and then spraying them with Roundup_ , which would have
         | killed off his crop had they not been the patented seeds. This
         | is true of all the cases of people being sued for cultivating
         | "Roundup-Ready" crops: the story they want to tell is that they
         | were sued for cultivating seeds that accidentally wound up on
         | their fields, but the facts established at trial were that,
         | however the seeds ended up there, the farmers deliberately
         | exploited the patented system.
        
           | luoc wrote:
           | Thanks for the insight! Saw this in a documentary and it's
           | been a while...
        
           | quantified wrote:
           | The farmers were not trying to grow the patented seeds. They
           | shouldn't be liable for their neighbor's trash blowing on
           | their fields.
           | 
           | The use of Roundup is another travesty.
        
             | edmundsauto wrote:
             | The farmer may have claimed they weren't trying to. The
             | fact they used Roundup, which would have killed their crop
             | if it weren't the GM seeds, indicates otherwise.
        
               | quantified wrote:
               | Some other farmer's trash blows into my field, it's mine.
        
               | pfdietz wrote:
               | And if you then spray Roundup on that trash to
               | concentrate the patented trait, you've deliberately
               | violated the patent.
        
           | AnimalMuppet wrote:
           | Yeah, the courts aren't always friendly to clever "hacks" on
           | the legal system. Intent matters, and facts can show intent.
        
           | bilsbie wrote:
           | But how did he get enough seeds by chance to have his whole
           | field be round up ready?
        
             | bluGill wrote:
             | He planted a field next to someone else's roundup ready
             | crop. He then collected the seeds from the whole field.
             | Next year he planted the seeds collected, waiting for the
             | crop to start growing and sprayed roundup, which killed all
             | seeds not roundup ready. Then the new crop went to seed and
             | since all the parents were roundup ready, the seeds also
             | were roundup ready (I'm not sure if roundup ready is a
             | recessive or dominate trait, which will influence which %
             | is roundup ready using basic genetics). Those final seeds
             | were collected and were enough to have a whole field that
             | was roundup ready next year.
        
           | cnity wrote:
           | God forbid the farmers benefit for free in some way from the
           | unpredictable and uncontrollable pollination of a plant
           | genetically engineered to be a highly successful cultivar.
           | 
           | I'm not attacking you here, but the logic decided by the
           | courts may be lawful but it is not moral (in my opinion).
           | It's as if a noisy neighbour hosts a late night party and you
           | happen to enjoy the music. The neighbour notices and decides
           | to charge you for the streaming fee.
        
             | tptacek wrote:
             | This argument is completely orthogonal to the narrative
             | originally presented, which is that farmers who weren't
             | trying to benefit from the patents at all were tangled up
             | in Monsanto lawsuits. That narrative is false, and that's
             | all I'm here to correct. There's a Motte and Bailey thing
             | that happens with these discussions, the bailey being
             | "Monsanto will sue you even if their seeds just happen to
             | blow onto your property" and the motte being "intellectual
             | property isn't real".
        
               | permo-w wrote:
               | an argument designed to appeal to a court is not
               | necessarily moral or true, and this is generally accepted
               | as normal practice
        
               | tptacek wrote:
               | It just has nothing to do with what we're talking about.
               | The notion that Monsanto is suing farmers for seeds just
               | blowing onto their fields false, and thus can't have
               | anything to do with whether seeds should be patentable.
        
               | spywaregorilla wrote:
               | That seems utterly irrelevant. Trying to benefit is
               | irrelevant. Trying to steal is what is relevant.
               | 
               | Consider the case where the gene edited crops actually
               | implemented a dependency on roundup, and the neighboring
               | farms were forced to use round up rather than did so
               | because it was simply more useful.
        
               | tptacek wrote:
               | No such dependency exists. The only rational reason to
               | spray a crop with RoundUp is that you know you've sowed
               | RoundUp Ready seeds; in any other circumstance you'd
               | simply be killing your crop off. If you contrive a
               | counterfactual where that's not the case, then obviously
               | different fact patterns matter. It's like saying "well,
               | sure, he shot the guy, but consider an alternate universe
               | where shooting someone with a gun doesn't hurt them but
               | instead immediately brings them to their recommended
               | daily allowance of thiamine".
               | 
               | The claim that Monsanto sues people for accidentally or
               | unwillingly having their patented seeds sown is simply
               | false, full stop.
        
             | RajT88 wrote:
             | The ability to patent life itself is a dangerous one.
             | 
             | Imagine where these precedents lead when inevitably we
             | start genetically engineering people. If you yourself carry
             | genes engineered by a biotech firm (cancer resistance or
             | laser eye beams, you can pick according to whim), do you
             | have to pay them royalties when you have children?
        
               | Kalium wrote:
               | Even without patents, there's a whole system of plant
               | breeder's rights. The idea is that even without patents,
               | breeding plants for a particular set of characteristics
               | is a ton of work and the rights system is a patent-like
               | way to commercialize.
               | 
               | If you have a different idea for solving this particular
               | financial problem, I expect quite a lot of people would
               | love to hear about it.
        
               | RajT88 wrote:
               | My point is that patents are abused enough already.
               | 
               | We should not allow patenting of genomes/genes. Full
               | stop. We should rely on those other systems of breeder's
               | rights.
        
             | dfxm12 wrote:
             | _the logic decided by the courts may be lawful but it is
             | not moral (in my opinion)._
             | 
             | Doubly so when you consider that the patent holding company
             | (like Monsanto) has a lot of ability to affect legislation
             | and the (presumably) independent farmer has next to none.
             | The issues here are systemic and not limited to big ag.
        
             | pfdietz wrote:
             | That patents genes spread lightly onto his field didn't
             | give him a "get out of patent free card" to then
             | concentrate those genes by spraying the field with
             | herbicide. The courts properly understood that intent and
             | actions matter here. The farmer was in the wrong and
             | justice was done.
        
               | [deleted]
        
               | ladyattis wrote:
               | It just demonstrates how patents are a form of rent
               | seeking. You own the product of your labor but you should
               | not be able to assume you own the accidental products
               | that are related to your labor (ex. buying tools from a
               | tool smith which then you use to make your own tool
               | smithy).
        
               | tptacek wrote:
               | There is no way that analogy holds in this case. The
               | farmer didn't cultivate their own RoundUp to spray, among
               | other problems with it.
        
               | f-securus wrote:
               | What if the farmer was trying to clear the land with
               | roundup and the accidental gmo modified crops prevented
               | him from doing so. Could he sue for damages?
        
               | pfdietz wrote:
               | No, if he didn't save seeds from crop plants on that
               | land. That saving of seeds after spraying was the
               | incriminating act.
        
               | Kalium wrote:
               | Perhaps! Though in this case it seems he engaged in the
               | behavior over an extended period of time and did not
               | consider the patented crops a problem.
        
               | pfdietz wrote:
               | In no way was that depiction accurate. Indeed, if an
               | innocent farmer were, by no fault of his own, found
               | liable for contamination, he could properly sue the
               | others for contaminating his land. For this reason,
               | Monsanto always said it would never sue just for
               | accidental contamination, and never did.
        
             | Workaccount2 wrote:
             | But look at the flip side where the court ruled the farmer
             | cannot be liable for a plant naturally spreading into his
             | field (and the farmer upon learning this using the specific
             | herbicide meant for that specific plant strain). You now
             | have precedent that if the plant "accidentally" (wink wink)
             | spreads to your field you are not liable for the cost of
             | the plant
        
               | burkaman wrote:
               | Your logic would apply to all seeds, right? If you have
               | any plant on your property and you can't provide a
               | receipt for its seed or conclusively prove that a bird
               | dropped the seed, you should be convicted of theft.
        
               | tptacek wrote:
               | No, you can't.
        
           | tarotuser wrote:
           | This is another case where patent law superseded physical
           | trespass and pollution/littering laws.
           | 
           | Monsanto should have paid the farmer for polluting the
           | farmer's field ALONG WITH being required to remove all
           | Monsanto-owned plants. And if that means roundup-ing the
           | whole field, paying for all damages treble, and then removing
           | the living plants, so be it.
        
           | burkaman wrote:
           | > the story they want to tell is that they were sued for
           | cultivating seeds that accidentally wound up on their fields,
           | but the facts established at trial were that, however the
           | seeds ended up there, the farmers deliberately exploited the
           | patented system.
           | 
           | I don't understand the distinction you're making.
           | "cultivating seeds" and "deliberately exploiting the patented
           | system" mean the same thing in this case. Spraying them with
           | Roundup is how you cultivate them. Do you mean that it's
           | illegal to buy Roundup if you haven't already bought the
           | seeds that go with it, or something?
           | 
           | Edit: I think maybe you're saying that Monsanto has patented
           | the very act of applying Roundup to a Roundup-Ready crop. So
           | not only are the seeds and pesticides patented, but the
           | method of applying one to the other is patented. If that's
           | the case, that's a dumb patent that shouldn't be allowed to
           | exist.
        
             | weberer wrote:
             | >Spraying them with Roundup is how you cultivate them.
             | 
             | Roundup is a herbicide. It kills normal plants. Monsanto
             | sells seeds that were genetically modified to resist it. It
             | doesn't make any sense to spray it on natural plants.
        
             | StrictDabbler wrote:
             | It's not illegal to purchase and bulk-spray Round-up to an
             | incompatible crop. It's just stupid. It is expensive and it
             | will kill the plants.
             | 
             | The lawsuit alleged that the farmer's behavior was so
             | stupid that he must have _known_ his crop was Roundup-
             | Ready.
             | 
             | That's not consistent with accidental pollination. It
             | suggests that he deliberately cultivated or obtained seeds
             | that were Roundup-Ready and that he knew his crop would
             | survive the pesticide. Bulk-spraying Roundup establishes
             | awareness and intent.
             | 
             | The farmer was unable to provide a convincing explanation
             | for why he would attempt to poison his entire crop, year
             | after year, so the court concluded he was engaged in
             | deliberate patent evasion.
        
               | pfdietz wrote:
               | It's worse than that: the farmer knew there was slight
               | contamination of his field with Roundup Ready plants. So,
               | he deliberately sprayed the field with Roundup to kill
               | all the others, applying artificial selection to
               | concentrate the trace of contamination. I believe he
               | repeated this more than once. So, he was guilty of
               | engaging in deliberate production of not trace, but
               | concentrated patented seeds.
        
             | ertian wrote:
             | No, the distinction was that the fact that they used
             | RoundUp (which would have killed the crops they claimed to
             | have planted) suggests a motive. The farmers claimed that
             | the seeds had just drifted into their field by chance,
             | Monsanto claimed they'd deliberately planted them. The fact
             | that they sprayed the resulting crop with a herbicide that
             | would have killed their own crop seriously calls the
             | farmer's account into question. How would they possibly
             | have known that _enough_ seed had just blown over the road
             | that it was safe to spray?
        
             | HDThoreaun wrote:
             | The farmer new that some of the seeds in the field were the
             | "roundup ready" ones that had blown over from the other
             | field. Most of them were normal crops that would die when
             | applied with roundup. He then applied the entire field with
             | roundup, killing most of the crop in the field, with the
             | explicit goal of saving all the remaining seeds so that he
             | could plant them next year without paying monsanto.
        
             | zo1 wrote:
             | My understanding of OP is that the farmer used Roundup on
             | his crops knowing full well that his "natural" and "non
             | patented" crops will be killed by Roundup, which the
             | patented plants are naturally immune to by design.
        
           | mschuster91 wrote:
           | So what? I should be able to do whatever the fuck I want on
           | my field as long as I don't use pesticides or processing that
           | has been banned by law, without anyone being allowed to sue
           | me for that.
        
             | pfdietz wrote:
             | He did something that only made sense if it were deliberate
             | and intentional violation of the patent. Intent matters.
        
             | randomdata wrote:
             | As a farmer with experience growing roundup-ready crops: In
             | order to obtain roundup-ready seeds you have to sign a
             | contract with the vender. In said agreement, you agree to
             | not do such things.
             | 
             | If you want to do whatever you want with your field, don't
             | enter into contractual agreements where you agree to follow
             | certain rules.
        
               | [deleted]
        
               | ProjectArcturis wrote:
               | In the case being discussed, the neighboring farmer had
               | not signed any agreement with the vendor.
        
               | Kalium wrote:
               | Then he acted in a way that made it clear he was using
               | the patented materials without a license. Specifically,
               | spraying his fields with Round-up that would have killed
               | everything that _was not_ patented.
               | 
               | You can shrug and say "Oh, it was clearly an accident,
               | Monsanto is evil". And Monsanto is certainly evil. It's
               | just reasonably clear why the judge would view this
               | behavior as deliberate and knowing infringement of a
               | patent.
        
               | stale2002 wrote:
               | The original statement was as followed:
               | 
               | "I should be able to do whatever the fuck I want on my
               | field as long as I don't use pesticides or processing
               | that has been banned by law"
               | 
               | And then someone responded to this by saying that someone
               | signed a contract.
               | 
               | And then you responded by going off about something that
               | is refuted by the original statement.
               | 
               | So, you need to agree that the original response about a
               | contract was wrong, and also that your new statement is
               | irrelevant.
        
               | Kalium wrote:
               | Yes, the original statement was overly narrow in its view
               | of patents and contracts. Not only should you not enter
               | into contracts that restrict how you can treat your
               | fields, you should also not deliberately act in a way
               | designed to infringe the rights of others if you want to
               | be free to do as you please within the law without
               | incurring liability.
               | 
               | For example, you should not deliberately cultivate a
               | patented plant for which you lack a license from your
               | neighbor's plot of land and then treat it in a way that
               | only makes sense if you're doing that. That will incur
               | liability when a judge notices you are trying to dodge
               | licensing. To put it another way, using processing banned
               | under law.
        
               | [deleted]
        
               | randomdata wrote:
               | Yup. That's what the other comment said...
        
               | ProjectArcturis wrote:
               | So why did you imply he had signed a contract?
        
               | [deleted]
        
               | mschuster91 wrote:
               | > As a farmer with experience growing roundup-ready
               | crops: In order to obtain roundup-ready seeds you have to
               | sign a contract with the vender. In said agreement, you
               | agree to not do such things.
               | 
               | The farmer had not entered into any contract with anyone,
               | that is the point. It's not his fault if pollen from his
               | neighbor's field entered his field, even if they
               | contained "patented" technology.
        
               | randomdata wrote:
               | If you are referring to a case where litigation was
               | executed under the terms of patent contract, the farmer -
               | being a member of the public who grants such patents -
               | has still entered into a contract by virtue of choosing
               | to be a member of the public who has agreed that patent
               | contracts are desirable to issue. The public had no
               | obligation to issue the patent, but chose to. The farmer
               | need not be a member of that public, but chose to be.
        
               | progman32 wrote:
               | How would one choose not to be a member of that public?
        
               | [deleted]
        
               | Kalium wrote:
               | Then, without a license, he had no right to exploit the
               | patented technology. The farmer acted in a way that
               | showed a knowing and deliberate exploitation of the
               | patented technology. There seems to be a disconnect here,
               | but I'm not seeing it. Can you help me with what I've
               | missed?
        
           | xedrac wrote:
           | What is a farmer to do when mother nature infects his crop,
           | against his will, with pollen from the GMO crop? I think the
           | lawsuit should go the other way. Monsanto should pay for
           | destroying the ability to grow heirloom seeds without getting
           | infected. They want to keep it protected? Then require it to
           | be grown in quarantine.
        
             | HDThoreaun wrote:
             | All the farmer had to do was not apply roundup to his crop
             | when he hadn't planted the roundup resistant seeds.
        
               | xedrac wrote:
               | Sure, but that doesn't change the fact that his crop is
               | being pollinated against his will, and why should he lose
               | the freedom to spray something on his crop because his
               | neighbor planted a certain seed? Why does it have to
               | infect everyone like a virus?
        
               | kasey_junk wrote:
               | Because spraying roundup on non-roundup ready crops has 1
               | outcome, it kills them. There is no reasonable reason to
               | do it other than to avoid the patent.
               | 
               | If roundup ready crops end up in your fields accidentally
               | and then you don't spray roundup you don't run afoul of
               | litigation.
        
             | tedunangst wrote:
             | If you want to keep roundup ready crops from spreading
             | among your heirloom crops, I would recommend against
             | spraying the heirloom crops with roundup.
        
         | luoc wrote:
         | Industry's response, of course, will be plants that
         | epigenetically load proprietary genetic material at runtime...
        
       | photochemsyn wrote:
       | This is interesting, why can licenses like GNU GPL3.0 be enforced
       | in US courts but not for new plant varieties?
       | 
       | > "Legally, Open Source Seeds (OSS) in Europe works slightly
       | differently because of EU seed protection laws. While in the US
       | the OSSI pledge would be hard to enforce if challenged in court,
       | Johannes Kotschi, the founder of OSS Germany, went with an open
       | source licensing model. The license is printed on every OSS seed
       | package in Europe. Whoever opens an OSS package agrees to never
       | patent these seeds or future breeding of them. OSS cooperates
       | with bakeries such as Le Brot in Cologne that offer bread baked
       | with OSS wheat and rye, not least to raise awareness."
        
         | wahern wrote:
         | > why can licenses like GNU GPL3.0 be enforced in US courts but
         | not for new plant varieties?
         | 
         | I don't know enough to be able to address your question
         | directly, but it's worth nothing that at least in the U.S. IP
         | protections for plant breeding and propagation are often highly
         | specialized, both in terms of how patents operate as well as
         | extending to non-patent regimes. See, e.g.,
         | https://en.wikipedia.org/wiki/Plant_Variety_Protection_Act_o...
         | and https://en.wikipedia.org/wiki/Plant_Patent_Act_of_1930
        
       | ed25519FUUU wrote:
       | Article really lacks specifics. The reason so much of the USA
       | grows "patented" seeds is because they're created specifically to
       | be sprayed with herbicide and not die. There's no alternative to
       | to patented seeds without making fundamental changes to
       | agriculture practices.
       | 
       | Hybrid seeds are also different than open-pollinated in that the
       | children do not grow true to parent. Even if we removed the
       | patents, they wouldn't be valuable without a way to create them
       | again (using two specific parents).
        
         | COGlory wrote:
         | 1) There are multiple herbicides and multiple pesticides and
         | different ways to skin a cat, not all of which are patented, or
         | for many, the patents have expired.
         | 
         | 2) Your second point is more applicable. Who is going to grow
         | these seeds? People underestimate how much agriculture is
         | devoted solely to seed crops.
        
           | exhilaration wrote:
           | _People underestimate how much agriculture is devoted solely
           | to seed crops_
           | 
           | Can you explain this further? I never thought about where
           | seeds come from. Are there giant Bayer-owned fields devoted
           | to growing seeds?
        
             | bluGill wrote:
             | There are a lot of those fields around growing just seed.
             | Some are Bayer owned, others are regular farmers who
             | contract with Bayer to grow seed as their crop. One of the
             | most common jobs for young farm kids is "detasseling" where
             | they go around to seed fields to cut the tassel (male part
             | of the corn plant) off some of the plants. Normally you
             | plant 1 row of male plants, and 4 rows of female plants,
             | since corn plants are both male and female, they need to
             | cut off the male parts of the female plants. (the male
             | plants produce corn on the female parts that is not used
             | for the seed). You can just assume that every rural kid
             | between 15 and 18 does the above job for a couple summers,
             | which gives you an idea of the scale.
        
         | adamc wrote:
         | Certainly there are alternatives. The Congress could make it
         | impossible to patent seeds or other organisms. They haven't,
         | for reasons involving philosophy, money, and perhaps the deep
         | corruption Citizens United has spawned. They probably won't.
         | But alternatives do exist.
        
           | [deleted]
        
       | aendruk wrote:
       | I recently decided to grow hops and was disappointed to learn
       | that most of the varieties I've come to prefer are patented and
       | simply unavailable.
       | 
       | I'd love to see breweries become more conscientious about this
       | and make a point of promoting only "open" varieties.
        
       | Aardwolf wrote:
       | GPL-3 seeds that turn other seeds into GPL-3 as they inevitably
       | breed around through the wind sounds like an interesting concept
        
       | [deleted]
        
       | Papychulo0217 wrote:
       | I had to write this email to Jimmy in order to tell about and
       | thank this hacker because he helped me fix my terrible credit
       | score records, pay off all of my debt, and clear my credit score
       | after I had had enough. Jimmy is jimmy hacker.24 on Instagram.
       | Download the app to keep up with his images and videos.
       | https://instagram.com/jimmy_hacker.24?igshid=YmMyMTA2M2Y= .
        
       | shmerl wrote:
       | Patents on plants is an abysmally stupid idea that shouldn't
       | exist.
        
         | college_physics wrote:
         | If you can bribe a politician, the abyss is legal all the way
         | down
        
       | [deleted]
        
       | pard68 wrote:
       | Can the do forage turnips next? I have gotta get a few acres of
       | turnips in the ground next month for forage for my cattle come
       | drought season. The variety of forage/fodder plants is so sparse.
        
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