[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  : 656 points
       Date   : 2023-02-10 13:49 UTC (1 days 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.
        
           | JamisonM wrote:
           | "Nearly all modern crops are hybrid strains" This is a
           | "citation needed" situation here, the corn & Canola seed
           | markets are certainly dominated by hybrids but very plentiful
           | drops like wheat and rice are not to the best of my
           | knowledge. If you have sources for this I am very interested
           | to read up on it.
        
         | 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.
        
         | thatcat wrote:
         | Hybrids aren't stable genetics. You cross two S1 parents and
         | get an F1 hybrid with inconsistent traits but hybrid vigor.
         | What would the point be in owning ip of a hybrid? Sure you can
         | select a good one and propagate it and have copies of that one,
         | but then you lose hybrid vigor because they're clones. Ossi is
         | for breeders not farmers.
        
         | skratlo wrote:
         | > few pay attention to the fact that most grains are protected
         | or even patented
         | 
         | Government and legislative failure. Just protect the seeds by
         | disallowing any protection/patenting, for the public good,
         | that's why we pay taxes.
        
           | gleenn wrote:
           | It goes beyond country boundaries. There was an interesting
           | case where China stole I think it was specialized corn to
           | begin producing their own instead of spending large sums by
           | buying the product or IP.
        
             | eclipticplane wrote:
             | Another interesting case was PepsiCo suing farmers in India
             | over a variety of potato. A few years later, PepsiCo
             | withdrew their suit... only to have a group of farmers
             | continue to press the claim and have the courts rule that
             | PepsiCo couldn't patent a seed.
             | 
             | https://www.reuters.com/markets/commodities/india-revokes-
             | pa...
        
         | 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.
        
           | hinkley wrote:
           | 'hybrid vigor' is when you take two inbred genetic lines and
           | cross them together to pick up some of the genes you
           | accidentally deleted while selecting for something else.
           | 
           | For instance the modern Irish Wolfhound was created by an
           | nobleman who, worried about the breed dying out (there hadn't
           | been a wolf in GB in over a hundred years), bought every
           | wolfhound he could get his hands on, and crossbred them with
           | mastiffs and Danes to build up a healthier population (while
           | maintaining stature). Then he selected back to phenotype and
           | went from there.
           | 
           | One of the groups trying to save the American Chestnut is
           | doing the same thing, though I think their methods are
           | recklessly optimistic. They've crossed residual chestnut
           | populations with Asian chestnuts and then back breeding those
           | to try to get just the blight genes and nothing else.
           | 
           | I say reckless because the smartest thing to do would be to
           | identify the resistant genes and test each tree to see if
           | it's carrying the gene. Instead they are infecting every tree
           | and culling the ones that are susceptible. Effectively making
           | a petri dish in which the blight can learn to infect
           | resistant trees over time.
           | 
           | In some ways I think the GMO people may be the less insane of
           | the two, and I'm very much not a fan of the transgenic
           | surface area for pathogen adaptation across species.
        
             | robwwilliams wrote:
             | I assume that the backcross is marker-assisted for SNPs in
             | the blight resistance locus.
             | 
             | If that is true it amounts to the same thing you are
             | proposing. Sounds just like making a speed-congenic mouse.
             | 
             | Are they not selecting with markers at all?
        
               | hinkley wrote:
               | They seem to be selecting with their eyeballs. They're
               | jabbing trees with chestnut blight and seeing which ones
               | succumb.
               | 
               | Hence a petri dish for pathogen selection. IE, insane and
               | reckless.
        
               | zargon wrote:
               | Sounds like they're actively trying to evolve a blight
               | that infects Asian chestnuts as well.
        
               | hinkley wrote:
               | It's the dumbest Jurassic Park level scientific laziness
               | I've heard all century.
        
         | 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:
             | [flagged]
        
           | 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...
        
               | UncleEntity wrote:
               | With industrialization comes specialization.
               | 
               | You can't reasonably expect farming families to be able
               | to afford all the specialized equipment to be able to
               | willy-nilly change the crops they grow and large
               | corporations are just going to specialize based on
               | economy of scale.
               | 
               | When all you need is a water buffalo and a shitton of
               | labor you can diversify crops all you want but if you
               | have to compete in a low-margin mechanized market you do
               | whatever it takes to keep the farm going even if that
               | means diversity gets thrown out the window in favor of
               | cash crops.
        
               | dmqctx wrote:
               | Correct. Rubber meeting the road comment here. This is
               | the reality of most farms in America. Possibilities are
               | not "endless" for revolutionizing farm practices, they
               | must be profitable and margins are tight.
        
               | cik2e wrote:
               | >> Restaurants can be forced to limit portion sizes
               | (which might also have side effects to improve public
               | health, aka obesity epidemic).
               | 
               | Pricing out poor fat people from restaurants will not
               | solve the obesity epidemic. It will drive them to
               | Doritos.
        
               | Scoundreller wrote:
               | > California should stop growing fucking alfalfa only for
               | the Saudis to feed cows with it.
               | 
               | Dairy is like the auto industry: every state seems to
               | think it needs to have its own protected domestic
               | industry, but it's far from a strategic industry when
               | every nation ends up with excess capacity.
               | 
               | Canada, an excellent environment for dairy production,
               | kneecaps itself in this industry. Could be an export
               | juggernaut, but instead, NZ is the biggest dairy product
               | exporter. 20th dairy producer in the world despite being
               | a top6 barley/oat/wheat/hay producer.
        
           | cik2e wrote:
           | >> wasted because restaurants prefer to deliver too large
           | portions because they are afraid of bad Google/Yelp/...
           | reviews...
           | 
           | Not everybody eats restaurant food for entertainment.
           | Sometimes you can't cook and a larger portion means leftovers
           | and usually more calories per dollar.
           | 
           | There's nothing wrong with large portions. If you didn't want
           | that much food, go to a different restaurant, or a buffet
           | where you can select exactly how much food you want.
           | 
           | And what large portions are we talking about anyway? That
           | peaked in the 90s just like your bug splattered windshields.
        
         | skzv wrote:
         | > which means less land is used by farming, and more land can
         | be maintained, or returned from ag use for ecological
         | restoration.
         | 
         | I don't think this happens often in practice. Improvements in
         | efficiency often have the paradoxical effect of increasing
         | resource utilization. This is known as Jevons Paradox [0], and
         | it's been observed in many real world situations.
         | 
         | [0] https://en.wikipedia.org/wiki/Jevons_paradox
        
         | brnt wrote:
         | > The general public does not understand agriculture well,
         | 
         | Nor do farmers, nor do people with opinions on farming.
         | 
         | It's in the economic interest of some to confuse knowledge of
         | farming as an economical activity (i.e. industrial farming)
         | from the biological activity. I fully agree GMOs and such get
         | an undeserved bad name, but Big Agri deserves way more of that
         | bad name than they are getting. Farmers are their Amazon
         | warehouse workforce, not trained to understand anything, but to
         | execute protocols to the letter, or else. These companies are
         | planning for the next few years, whereas good farming would be
         | planning for the rest of the farmers life and their children's
         | too.
         | 
         | Big Agri farming is utterly unsustainable because it knows it
         | won't have to pay those bills. When we make them, things will
         | change.
        
           | biorach wrote:
           | > Farmers are their Amazon warehouse workforce, not trained
           | to understand anything, but to execute protocols to the
           | letter, or else.
           | 
           | That's wildly inaccurate
        
         | 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.
        
           | skzv wrote:
           | Indeed. Improvements in efficiency often have the paradoxical
           | effect of increasing resource utilization. This is known as
           | Jevons Paradox [0], and it's been observed in many real world
           | situations.
           | 
           | [0] https://en.wikipedia.org/wiki/Jevons_paradox
        
           | 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.
        
               | epistasis wrote:
               | Regenerative agriculture is still a big step down from
               | returning the land to natural ecosystems. Quantifying how
               | big that step is, to the point of being able to pick a
               | point in the pareto curve, is a big political decision.
               | There's definitely a place for a lot lots of regenerative
               | agriculture, but it's one part of a solution.
        
               | nine_k wrote:
               | Crops on the field are not yet the harvest; grain in a
               | granary is. Harvesting is a very intense process, because
               | the crops need to be collected in the few days when they
               | are best quality and haven't fallen off. Harvesting often
               | occurs around the clock in the season, using monstrous
               | machines.
               | 
               | The lower the yield per unit area, the longer it takes to
               | harvest all, the more fuel is spent, and the higher the
               | risk to lose a part of the crops due to harvesting them
               | untimely. Lower-density crops are noticeably more
               | expensive as a result.
        
               | hinkley wrote:
               | We are collecting and redistributing grain at a discount
               | and using it for anything we can think of. Highly
               | processed food, grain alcohol, "corn fed beef" which is
               | likely a dietary disaster for humans.
               | 
               | Remember, ethanol in gasoline is predominantly about
               | lifting demand for corn in order to court votes from the
               | upper Midwest. We don't actually need to use corn for
               | fuel.
               | 
               | You can feed pigs on grain and nuts that fell before or
               | after harvest. Ten pigs are pretty big harvesting
               | machine. Birds as well.
               | 
               | Mark Shepard is claiming about twice the yield per acre
               | of conventional farms. He's doing this by getting less
               | than half a yield of four+ crops on the same land. The
               | trick to being Mark Shepard is putting enough time and
               | energy into your job to understand a dozen crops instead
               | of hyper specializing in two, as if your neighbors aren't
               | doing the exact some thing.
               | 
               | Now at the end of the day, we still need some staple
               | crops around. That we can stockpile grain for three years
               | and canned food for 18-36 months helps level out boom and
               | bust cycles in agriculture. Good year? Rent warehouse
               | space. Bad year? Let the warehouse lapse, or do invasive
               | maintenance.
        
           | tharkun__ wrote:
           | I'd totally agree w/ this from the "grow corn and then feed
           | cows with it" standpoint.
           | 
           | This is doubly bad if you're displacing natural grasslands
           | and grassland grazing with this. I.e. plant corn on your
           | previous grasslands and cram the cows into some barn.
           | 
           | This came through HN just recently. Another way to do the
           | same though is to go back to what the big buffalo herds were
           | naturally doing. I.e. let your cows actually "trample and
           | shit on the land" and that's what actually keeps it fertile.
           | Then you harvest the cows for meat while keeping their number
           | stable.
           | 
           | Win - win
        
             | supportlocal4h wrote:
             | Then you have a dispute about who owns the 10000s of acres
             | and who to pay for the grazing rights. And who is
             | responsible for maintaining all that range? And can
             | somebody be tried twice for a mistake in their management
             | of open range? Then people with and without badges show up
             | with guns.
             | 
             | Ok, that hardly ever happens.
        
             | Scoundreller wrote:
             | Kinda what Iceland does. Multiple sheep per person. They
             | tag 'em, let 'em roam free and collect them later in the
             | year.
             | 
             | https://www.cntraveler.com/story/iceland-welcomes-
             | tourists-t...
             | 
             | Same with many random islands explorers came across: they'd
             | leave some livestock so when they came back later they'd
             | have some dense and fresh food ready to harvest.
             | 
             | Didn't work so well in Australia. And probably any of the
             | islands most likely.
        
               | omeid2 wrote:
               | Australia is one of the largest meat exporters.
        
               | jabl wrote:
               | The plague of sheep, camels, cows, rabbits, cane toads
               | and whatnot isn't such a good deal for the indigenous
               | flora and fauna.
        
               | bombolo wrote:
               | The reason why iceland can't have trees: sheep owners
        
               | nine_k wrote:
               | Iceland actually has some trees. But in that climate they
               | don't grow very tall.
               | 
               | Also, much of Iceland is a desert of lava, glass, and
               | black sand; some other parts are covered with ice. Not
               | many plants can survive in such a landscape, and those
               | which do are usually not trees.
        
               | cognaitiv wrote:
               | Deforestation in Iceland predates industrialization.
               | 
               | "Deforestation is a major issue that is highly prevalent
               | throughout the world. The country of Iceland has been hit
               | especially hard by this catastrophe. A nation that once
               | had forests covering 40 percent of its countryside began
               | to lose its tree cover, when the Vikings arrived in the
               | 9th century. By the early 20th century, however, this
               | tree cover was reduced to just 0.5 percent. To this day,
               | the government of Iceland is working towards reviving the
               | lost forests and restoring the land, in order to work
               | towards a more sustainable future. This problem relates
               | to the course of Sustainability for the Common Good
               | because it covers the environmental issue of
               | deforestation as well as the solutions that are being put
               | into play to make the land more sustainable"
               | 
               | https://storymaps.arcgis.com/stories/a4e20c53ee77427cb587
               | cb7...
        
               | elcritch wrote:
               | Does that account for climate changes? IIRC, there was a
               | warmer period around the time the vikings arrived?
        
         | 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?
        
               | saalweachter wrote:
               | You know, I wonder if GMO technology has advanced enough
               | to replace hybridization.
               | 
               | Hybrids give you two different chromosomes, uniformly in
               | your population. You take population AA and aa and get
               | Aa. The next generation you're back to a mix of AA/Aa/aa.
               | 
               | There's no reason -- in the abstract -- you couldn't
               | duplicate your gene and put two copies of it on the same
               | chromosome, one A and one a, so that you can skip the
               | hybridization. But does that work with current
               | technology? I don't know!
        
               | not2b wrote:
               | But then the GMO company patents the result, and it's not
               | legal for a farmer to do what farmers have been doing for
               | ten thousand years: save some of the seeds from the crop
               | and plant them the next year, or give some to a
               | neighboring farmer. Getting out of that trap is a prime
               | motivation for "open source seeds" projects.
        
               | kuhewa wrote:
               | > save some of the seeds from the crop and plant them the
               | next year, or give some to a neighboring farmer
               | 
               | That hasn't been the predominant practice for the
               | majority of farms for coming up on a century. Cross
               | pollinated hybrid seeds are just way too productive to
               | justify growing your own open pollinated varieties.
               | 
               | That 'trap' didn't arise with GMOs
        
               | pfdietz wrote:
               | Aside from, you know, the vast uptake of hybrid seeds,
               | which couldn't be saved for reuse either.
               | 
               | Anyway, why exactly is this tradition so important that
               | it would swamp the social benefits from improved plants
               | obtained from GMOs (and such benefits must exist, or else
               | farmers would not use these seeds)? This sounds like
               | reflexive conservatism, wanting an old thing just because
               | it is old, and damning changes just because they are
               | changes.
        
               | epistasis wrote:
               | That was the promise, and the fear, around GMO, but it
               | really hasn't had that much of an effect. Biologically,
               | the point editing allowed by generic modification, even
               | with our enhanced skills from CRISPR/Cas9, only allows
               | small changes.
               | 
               | Generic modification by molecular techniques is just
               | another tool, that does not supercede or override any of
               | the past forms of generic modification by breeding that
               | humans have been doing ever since we were humans.
        
               | 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.
        
               | pfdietz wrote:
               | And the smoke is fully of polycyclic aromatic
               | hydrocarbons, which are strong carcinogens.
        
             | UncleEntity wrote:
             | I watch Laura Farms on the YouTubes and she goes into great
             | depth on growing seedcorn as her family's farm does it
             | under contract.
             | 
             | The de-tasseling is mostly automated these days with a
             | sprayer attachment chopping off the tops and the legions of
             | kids coming behind to get the ones missed.
             | 
             | Then they come along with another specialized attachment to
             | 'destroy' the males. Basically just chop them up and leave
             | in the rows which later on gets eaten by the cows. The
             | outside border rows of males gets harvested and turned into
             | winter feed for the cows.
             | 
             | Eventually the remaining corn gets harvested by a crew
             | hired by the seed company because they want the full heads
             | of corn to do their evil deeds to.
             | 
             | Fascinating stuff this modern farming.
        
             | 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!
        
         | breput wrote:
         | There is a deep misunderstanding about how modern farms work.
         | Farmers are smart - they have to do because there is no
         | iterating on a bad crop. You fail once or twice (often because
         | of reasons beyond your control like the weather) and you can be
         | out of business. And failing might not be known until a 6-9
         | month long harvest.
         | 
         | Farmers love "Big Ag"'s seeds not because they are naive, but
         | because they have a local sale rep who knows the soil
         | conditions and can recommend a variety that will do well for
         | them, and also has a lot of technology backing that up. And the
         | farmers have a lot of their own data - both digital and well-
         | worn knowledge from neighbors. They will gladly pay a lot for
         | seed if they know that seed will produce N% more output.
         | 
         | And no one saves the crop seeds to plant next year, although
         | they easily could despite EULAs, but they know that hybrid
         | drift and other factors will make less money.
         | 
         | Like Smarter Every Day says, farmers are smart[0].
         | 
         | [0] https://www.youtube.com/watch?v=ywBV6M7VOFU
        
           | xphilter wrote:
           | Yeah, I don't know why you think farmers are "smart" (taking
           | this meaning to convey that we shouldn't question their
           | practices). If you pump enough water and fertilizer into the
           | already-fertile land you can get things to grow. Wow. If
           | farmers were actually smart they'd start thinking long term
           | on how their practices are destroying their livelihood
           | (draining aquifers, polluting rivers, degrading soil quality)
           | or how their politics are driving future generations from
           | rural US (anti education, anti immigration, anti everything).
           | Credentials: grew up in rural midwest.
        
             | seunosewa wrote:
             | It looks easy until you face pests, diseases, soil nutrient
             | deficiencies, drought, unfavourable market conditions
             | leading to losses etc. And it's a low margin business so
             | you need to do everything with maximum efficiency to stay
             | ahead.
             | 
             | A programming analogy: Anyone can write an hello world
             | program in Python after a 10 minute tutorial, but
             | delivering software that you can make a living from is
             | _much_ harder.
        
           | brnt wrote:
           | Farmers are not smart. They operate outdoor biofactoriea
           | accordong to protocols defined by people far away and using
           | all manner of materials focussed on maintaoning the factory,
           | not the farming.
           | 
           | Ask any agronomist. There's even that Netflix documentary.
           | Industrial farmers understand the economics of their
           | operation, but very little about its biology. They know as
           | much about that as Amazon warehouse workers know about how
           | the GPU you ordered is built.
        
             | breput wrote:
             | EVEN a Netflix documentary about it? Wow. You told us,
             | albeit with a few spelling and grammatical mistakes.
             | 
             | If you believe farmers are beholden to whoever you think
             | they serve, you should be twice as suspicious of
             | agronomists who have no literal and figurative skin in the
             | game.
        
               | rhaway84773 wrote:
               | I don't think brnt's comment contradicts yours.
               | 
               | They agree that farmers understand financials. But they
               | also restates what you said. Farmers don't understand the
               | actual biology of farming. They are dependent on the
               | company provided experts for that.
               | 
               | The only real difference between you and the other
               | commenter is your definition of the word "smart". You
               | both agree on the facts.
               | 
               | Also, "Even a Netflix documentary" is a horrible comeback
               | when the original comment's "evidence" is as a YouTube
               | video.
        
               | h2odragon wrote:
               | Not all farmers understand the depths of the biology they
               | work with, but some probably do.
               | 
               | Not all programmers understand how their instructions
               | influence the circuits that execute them. That does not
               | validate statements like "programmers don't understand
               | electronics."
        
         | 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.
        
             | denton-scratch wrote:
             | My father worked for Pilkingtons when they patented the
             | float-glass process.
             | 
             | Lots of companies tried to copy the process (without
             | licensing the patent). They couldn't, because the patent
             | didn't describe all the know-how needed to make the process
             | work. Companies that licensed the patent got the benefit of
             | an on-site engineer that would help them get their process
             | working. So most "plate" glass was thereafter float glass,
             | made by paying licensees.
             | 
             | That is: the invention was really protected not by patents,
             | but by trade secrets. And unlike with the mediaeval guilds,
             | nobody had to be assassinated.
             | 
             | So it seems to me that in addition to being harmful,
             | patents really are unnecessary; as long as there is also
             | know-how. If there is no know-how, then I don't think the
             | patent should be issued. Therefore, there is no need for
             | 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.
        
           | denton-scratch wrote:
           | Yeah; we need plant patents, because without them Baggett
           | couldn't have patented his broccolli.
           | 
           | Oh, wait - he wouldn't have needed to patent his broccolli,
           | because Monsanto wouldn't have been able to patent it against
           | him.
        
         | 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.
        
         | jillesvangurp wrote:
         | Easier said then done. Who's "we" here? The handful of
         | idealists that actually understand the legal issues? Or think
         | they do?
         | 
         | The main issue with patents is not that they exist but that the
         | system for filing and enforcing them has been eroded to the
         | point where it has become a highly effective tool for big
         | corporations to enforce patents they arguably should not have
         | received against smaller competitors. That's technically
         | illegal but since it is super hard to argue that in a court,
         | companies get away with anti competitive behavior. And of
         | course they are actively supported in this by bought and payed
         | for politicians. In the US that's called lobbying, in much of
         | the rest of the world we'd label that corruption, nepotism, and
         | graft. Not a good thing. But as old as power and politics is.
         | 
         | The issue is not patents but the corruption around it.
         | 
         | The system in the US is flooded with bull shit patents that
         | would not be acceptable else where. A lot of those have issues
         | with their claims being overly broad, prior art, or a complete
         | and utter lack of novelty. This does not matter. Getting
         | patents rubber stamped is a numbers game. You just send more
         | patents in and eventually a few will get approved. Of course,
         | it costs a money to register and keep patents but once you have
         | them the system is rigged in your favor. Challenging a patent
         | is super expensive relative to filing one. And since patent
         | offices are under staffed, they bias in favor of approving. And
         | also they don't like admitting they were wrong to approve.
         | 
         | None of this happened by accident. The system was lobbied into
         | the shape it is in today by the largest patent holders in the
         | US (i.e. every big mega corporation you can name). They use
         | patents as a tool to keep competitors out of the market. And
         | they do so very successfully. To the extent that this is
         | becoming a problem.
         | 
         | The solution is fixing the system, not getting rid of it. A big
         | motivation for this could simply be that patents are not
         | globally enforceable. So, you might convince companies in the
         | US to not compete but e.g. Chinese companies will happily take
         | your patented thing and run with it. Good luck complaining
         | about that in a Chinese court of law. And they seem to have
         | bootstrapped a pretty nice high tech industry in recent decades
         | there. Bad patents actually erode the competitive position of
         | US based corporations. While they are tied up in courts being
         | sued by patent trolls, their foreign competitors are free to
         | compete without concern for such things. Great argument for
         | getting politicians off their ass. The problem exists to a
         | lesser extent in other jurisdictions of course. But the US is
         | the most paralyzed by this.
        
         | 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:
             | [flagged]
        
       | 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).
        
         | incompatible wrote:
         | I suppose a company that wanted to use some of the genes in its
         | own patented products would just get somebody else to open the
         | packet for them so that they wouldn't be bound by any contract.
        
         | 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.
        
           | digitallyfree wrote:
           | The other other option aside from having specific contracts
           | (as stupid as it sounds) is to patent the seed itself and
           | then license out the patented seed using open terms.
        
       | 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.
        
               | ElfinTrousers wrote:
               | I suspect we're actually talking about the same thing
               | here, but misunderstanding each other. It happens.
        
       | nullcontext wrote:
       | I don't think you should be able to patent life in any form.
       | Nature should be inviolable when it comes to man profiting from
       | holding its reins.
        
       | 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.
        
         | prbs23 wrote:
         | If you are interested in more OSSI varieties like those, check
         | out Wild Garden Seed: https://www.wildgardenseed.com
         | 
         | The owner, the Frank Morton who was mentioned in article, is
         | the original breeder of both Gildenstern and Dazzling Blue (and
         | they probably grew the seed being sold by Fedco). All the
         | varieties he bread (of which there are many) are released as
         | OSSI varieties, plus they sell other OSSI varieties as well.
        
       | 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.
        
           | robwwilliams wrote:
           | It is not just the hybrid vigor. In fact, I would say the
           | main advantage of the F1 hybrids is actually lower phenotypic
           | variance of the crop.
           | 
           | Sure you will have hybrid vigor in an F1, but you can get
           | that vigor with a four-way cross of pure inbred lines too.
           | But the four-way progeny will also be highly variable.
           | 
           | If I were a farmer I too would want the consistent low
           | variance of F1 isogenic progeny. An inbred line optimized for
           | environment X could work. In some (rare) cases engineered
           | inbreds can be even better than F1s but they may not work
           | well out in the real world of environmental flux.
        
           | 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.
        
             | pfdietz wrote:
             | [flagged]
        
               | shawn-butler wrote:
               | Says someone who I would guess has never been hungry a
               | day in his or her privileged life?
               | 
               | There is a valid argument to be made that food scarcity,
               | like housing and medical care should not be subject to
               | capitalist profit-taking. That some information is so
               | beneficial to the common good that it can never be a
               | trade secret.
               | 
               | Also your tone is downright disrespectful and should be
               | moderated.
        
         | 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.
        
         | pfdietz wrote:
         | GM crops are actually one of the areas (along with
         | pharmaceuticals) where patents are most legitimate. Crop plants
         | are literally things that manufacture themselves; the barrier
         | to entry if patents didn't exist would be negligible. No one
         | could justify the effort to create new plant varieties.
        
           | denton-scratch wrote:
           | But plant patents are new. People have been breeding new
           | strains since the dawn of farming. Ergo, people _were_ able
           | to justify the effort.
        
             | pfdietz wrote:
             | People were inventing things long before patents existed.
             | That doesn't mean patents are worthless. Let's not engage
             | in foolishly binary thinking, where "things are invented"
             | and "things aren't invented" are the only two states.
        
         | 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.
        
       | ggm wrote:
       | Reddit had "is this a new Linux _kernel_ "
        
       | jimmyechan wrote:
       | Side note, unrelated to the main post, but I read "open source",
       | "seeds", and "A's and immediately thought farmers are raising big
       | VC funding rounds. I think I need to start reading other kinds of
       | news.
        
       | 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.
        
             | Scoundreller wrote:
             | > The court heard the question of whether Schmeiser's
             | intentionally growing genetically modified plants
             | constituted "use" of Monsanto's patented genetically
             | modified plant cells. By a 5-4 majority, the court ruled
             | that it did. The Supreme Court also ruled 9-0 that
             | Schmeiser did not have to pay Monsanto their technology use
             | fee, damages or costs, as Schmeiser did not receive any
             | benefit from the technology.
             | 
             | Used their technology, yes, _barely_. Stole it? Well, the
             | courts unequivocally didn 't feel like he damaged
             | (deprived?) Monsanto of anything.
        
         | 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.
        
               | UncleEntity wrote:
               | Just like selling a used book violates the copyright?
        
               | pfdietz wrote:
               | No, obviously not like that at all. In particular,
               | growing plants is copying them. Also, patents are not
               | copyrights.
        
               | quantified wrote:
               | I entered no contract with the patent holder.
               | 
               | I get what you're saying from that perspective. It's just
               | BS.
        
               | pfdietz wrote:
               | You don't get out of obeying the law just because you
               | didn't sign anything. Nor is really really wanting to a
               | justification for violating the law.
               | 
               | Patented seeds are not something you would have come up
               | with yourself. This is pure envy creating a sense of
               | entitlement.
        
           | kevin_thibedeau wrote:
           | All made possible because Monsanto controls the seeds _and_
           | the majority of glyphosate production so they could correlate
           | consumption with who hadn 't paid the toll.
        
           | 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.
        
               | permo-w wrote:
               | slow down and understand my words. it's perfectly fine
               | and moral to take advantage of the fact that someone
               | else's seeds have blown onto your land, but that's not an
               | argument you can sell to a court. so publicly making a
               | separate legally stronger argument is normal and
               | reasonable behaviour that doesn't lessen them whatsoever
        
               | 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.
        
               | JamisonM wrote:
               | Farmer here, the above is absolutely correct. The notion
               | that a farmer would "take a chance" on spraying an non-
               | GMO planted crop with Roundup/Liberty is a pure fiction.
        
               | spywaregorilla wrote:
               | That is still irrelevant. You should not be able to sue
               | someone for having your stuff. You should be able to sue
               | them for stealing it. In this case it was not stolen. It
               | was planted and spread naturally. And then the farmers
               | chose to keep using the things that things that had
               | basically fallen into their laps.
        
               | tptacek wrote:
               | I really don't care if you think all patents are bogus.
               | That is the most boring conceivable debate to have. There
               | is nothing special about seeds to change the argument;
               | that's all I'm here to say.
        
               | fragmede wrote:
               | What's special about seeds is they reproduce with a bit
               | of water, soil, and sunlight. My laptop does not and in
               | fact will be very sad if I water it. Thus no matter how
               | many patents Intel has on the things inside my laptop,
               | there's a limit on how much I can ultimately do with the
               | physical device.
        
               | tptacek wrote:
               | Nothing you can do with water, soil, and sunlight is
               | going to produce RoundUp --- or a RoundUp-Ready seed.
               | 
               | It's perfectly reasonable to oppose all patents. Just
               | don't pretend the wind, sun, and dirt somehow invalidate
               | seed patents. There's no distinction to draw.
        
               | bob29 wrote:
               | People have been sued for growing patented potatoes,
               | unrelated to round up . . . Ok?
               | 
               | U take tuber u put it in ground it grows more tubers u
               | try to sell BOOM illegal son .
        
               | tptacek wrote:
               | Uh huh.
        
               | bob29 wrote:
               | [Square bracket number citation link thingy
               | https://www.reuters.com/article/us-india-pepsi-
               | farmers/pepsi...]
               | 
               | 0
        
               | pfdietz wrote:
               | So, your objection to patents is that they are enforced
               | when violated?
        
               | bob29 wrote:
               | No. Objection when they are overly broad generic obvious
               | and\or trivial
               | 
               | Am surprised even need to explain on this forum of
               | coders. Many examples of bad boy software patents.
        
               | pfdietz wrote:
               | And you evidence that the patents for these potatoes was
               | "overly broad generic obvious and/or trivial" is...?
        
               | bob29 wrote:
               | Our illiterate ancestors have been doing it for thousands
               | of years.
        
               | jiminymcmoogley wrote:
               | Wouldn't this actually be an argument in favor of seed
               | patents? I've been more or less a complete IP
               | abolitionist for so long now that thinking in IP maxi
               | terms is basically a foreign language to me now, but
               | wouldn't they make the argument that it's necessary to
               | allow protections where the good is A. hard to develop
               | initially and B. easy to reproduce?
        
               | pfdietz wrote:
               | Exactly. GMO seeds are a best case for patent protection,
               | in the same league as new drugs.
        
             | 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.
        
               | pfdietz wrote:
               | You objection to "patenting life" seems utterly spurious
               | and would effectively end GMO seeds (as the effort
               | expended creating them could not be recouped.) But
               | perhaps that's your ulterior motive. I see no legitimate
               | motivation for your position.
        
               | brnaftr361 wrote:
               | $169 for a HiFi Gibson Assembly kit. Up to 8000bp for
               | about $2200-3500. It's not as forbidding as you might
               | think.
               | 
               | The insistence on IP law being the only probable,
               | legitimate incentive is what's spurious.
        
               | pfdietz wrote:
               | That's like pointing to the cost of laboratory glassware
               | to claim drug discovery isn't expensive.
        
               | BeFlatXIII wrote:
               | Let it be abused and let nature take its course.
               | Investors can get stiffed.
        
             | 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.
        
               | UncleEntity wrote:
               | How does the doctrine of first sale not apply here?
               | 
               | I could make up some convoluted argument but... the
               | neighbor conducted the first sale so this should have
               | extinguished any further patent claim. Of course, IANAL.
        
               | pfdietz wrote:
               | He is not reselling individual seeds. He is manufacturing
               | new seeds. He is not allowed to do that, and particularly
               | not allowed to do that with intent.
        
               | gruez wrote:
               | From wikipedia:
               | 
               | >A patent is a type of intellectual property that gives
               | its owner the legal right to exclude others from making,
               | using, or selling an invention for a limited period of
               | time in exchange for publishing an enabling disclosure of
               | the invention.
               | 
               | In this, letting the plant reproduce arguably falls under
               | "making" (ie. manufacture) of the patented thing (the
               | genetically modified plant).
        
               | 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.
        
               | BeFlatXIII wrote:
               | > and justice was done
               | 
               | That's one of the stupidest things I've read on this
               | website.
        
               | pfdietz wrote:
               | It's perfectly clear it was a correct legal decision. The
               | farmer was deliberately and intentionally trying to evade
               | the patent, as we've explained multiple times in these
               | comments.
               | 
               | Perhaps you could explain why the decision was incorrect?
               | Or why justice demanded differently?
        
             | 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.
        
             | pfdietz wrote:
             | But no harm was done to the farmer, had the farmer not
             | himself performed an act showing he was violating the
             | patent. So, Monsanto didn't owe the farmer anything. The
             | farmer had "unclean hands".
        
           | 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.
        
               | denton-scratch wrote:
               | Hang on. He didn't plant the patented seeds; he planted
               | his own seeds, which were then pollinated by his
               | neighbour's Roundup-Ready plants. I can't see anything
               | wrong with that.
               | 
               | So now he has a crop that consists of hybrids. These
               | hybrids are all different; each plant is a different
               | mixture of <farmer's variety> with Roundup-Ready. Some of
               | those plants will have resistance to glyphosate. Then he
               | sprays with Roundup; the resistant plants survive, the
               | rest die. Now he has a harvest of seeds that are
               | resistant to glyphosate, but in all other respects are a
               | mixture. These seeds are not the ones sold by
               | Bayer/Monsanto.
               | 
               | So is it the strain that is patented, or the gene?
               | 
               | If it's the strain that gets the patent, then the farmer-
               | next-door isn't growing your patented strain, so he's in
               | the clear. So it must be the gene, right?
               | 
               | If it's the gene, then it seems unreasonable to yell
               | "patent violation" if you're spreading patented pollen
               | over the entire midwest. You must either sell seeds that
               | don't make (viable) pollen, or you have to accept that
               | the farmer had his crop involuntarily infected with your
               | IP because of your negligence.
               | 
               | I thought the GMO manufacturers bred sterility into their
               | strains for just that reason.
               | 
               | Meanwhile, the farmer-next-door now has a grain-store
               | full of resistant hybrid seeds, that won't (on the whole)
               | fare as well as Roundup-Ready, because they're all
               | different strains. That is, having the resistant gene
               | isn't the whole story; you need a strain that is
               | resistant AND grows well AND is consistent. That means an
               | F1 hybrid, and you don't get that by just crossing
               | strains; you have to get into selecting and cloning the
               | favourable strain, growing that strain into a crop, and
               | letting it cross with its (identical) siblings to make
               | true-bred seeds.
               | 
               | Have I missed something?
        
               | tptacek wrote:
               | You can't use selective breeding to escape a patent.
               | 
               | You can argue that patents of all sorts are invalid and
               | shouldn't be granted. That's a totally coherent argument
               | and not one you'll get a lot of pushback about on HN. I
               | don't agree, but I don't, like, viscerally disagree.
               | 
               | The problem is we have a lot of weird special pleading
               | arguments about this particular patent. The most popular
               | argument, which I think we've done a pretty good job
               | debunking here, is that Monsanto will sue you for
               | _unwittingly_ cultivating their seeds, as if they 'll
               | just sort of pop out of the woodwork saying "gotcha! you
               | didn't realize it but you owe us one million dollars!".
               | That never happens. You got in trouble with Monsanto if
               | you _quite wittingly_ applied their patented system, full
               | stop.
               | 
               | Similarly, it's kind of a weird special pleading argument
               | to say that a Monsanto seed can blow onto your property,
               | and then, like, it's just something growing in the
               | ground, man, you can't outlaw a plant, and two or three
               | growth cycles later you somehow have a Roundup Ready seed
               | that is unencumbered by patents. A good rule of thumb is
               | that if you've filled in the "???" in the Underpants
               | Gnome construction --- here: "1. seeds blow onto field,
               | 2. ???, 3. profit", something has gone wrong with your
               | logic. The direct conclusion of your logic is that these
               | farmers could in fact go into business competing with
               | Monsanto selling GM crops. Obviously: no.
        
             | 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.
        
           | kirubakaran wrote:
           | (Matasano / Monsanto confusion intensifies)
        
             | tptacek wrote:
             | I've said this before, but we put a sign up on the door of
             | our Mountain View office, because people thought we were
             | the evil mutant corn company.
        
           | 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.
        
               | fastball wrote:
               | The farmer _did_ enter into an agreement when he
               | purchased Roundup.
        
               | 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.
        
               | BeFlatXIII wrote:
               | We shouldn't enforce absurd patents like that in the
               | first place. What's the worst that happens? Some old
               | people starve because their retirement investments tank?
        
               | 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]
        
               | BeFlatXIII wrote:
               | The farmer is under no moral obligation to care that the
               | uniformed public wants. It only matters to pretend to
               | live in a democracy.
        
               | 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?
        
               | UncleEntity wrote:
               | You need a license to produce and sell patented
               | technology.
               | 
               | You don't need a license to use patented technology which
               | you either bought from a third party, was given or has
               | blown onto your land by the wind.
        
               | gruez wrote:
               | This thread is going in circles. As mentioned a few
               | comments ago, it's clearly not the case that the
               | technology "blown onto your land by the wind". The farmer
               | was intentionally engaging in artificial selection to get
               | plants with roundup ready traits. I can be sympathetic to
               | the claim that a patented program magically appeared on
               | your computer because of random bit-flips, but I can't be
               | sympathetic if you deliberately set up a system to
               | generate bit-flips on your computer in a specific way so
               | as to produce the desired program.
        
               | pfdietz wrote:
               | And note that this farmer would not have successfully
               | obtained glyphosate resistant plants just by spraying his
               | field, in the absence of the contamination. If it were
               | that easy, GMOs wouldn't have been necessary in the first
               | place.
        
           | BeFlatXIII wrote:
           | That patent still should be enforced by any sensible court
           | system.
        
           | 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.
        
               | onepointsixC wrote:
               | Spray his crops with something that will 100% kill all of
               | his original crop and only keeping the cross contaminated
               | crop, which he will then specifically cultivate. Common
               | now, it's really a shut and close case. He had no
               | explanation as to an alternative valid reason to have
               | done so and lost the case.
        
             | 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.
        
               | randomdata wrote:
               | _> You can just assume that every rural kid between 15
               | and 18 does the above job for a couple summers_
               | 
               | Interesting assumption. As a corn farmer, I've _never_
               | seen anyone growing seed corn in person. It was certainly
               | not a job I had when I was a kid of such an age.
               | Obviously someone does out there, but you may be
               | overestimating just how prevalent it is.
        
               | JamisonM wrote:
               | But do people really underestimate how much crop land is
               | used to grow seed? What do people think? 1%, 5%? What is
               | the reality? I don't actually know... As a farmer I would
               | be very surprised to discover it was as 10% or 15%! I
               | assume it is more like 0.01%. I regularly grow 70bu/ac
               | wheat and seed 2ish bu/ac to produce that.. the
               | corn/rice/soybean ratio is better I think but I haven't
               | ever considered it in detail.
        
         | incompatible wrote:
         | I'd guess that the people wanting unpatented seeds are the same
         | people who want to avoid the use of additives such as
         | herbicides, pesticides, and fertilisers.
        
         | 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]
        
           | pfdietz wrote:
           | Or, because patenting seeds serves a legitimate and valuable
           | public service, smears of "deep corruption" notwithstanding.
        
       | 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
        
         | mminer237 wrote:
         | It's an interesting concept, but legally it doesn't make any
         | sense. You can't license what you don't own. If the hybrid
         | seeds are not available in compliance with the GPL, then you
         | would just be violating two licenses.
        
       | [deleted]
        
       | Papychulo0217 wrote:
       | [flagged]
        
       | shmerl wrote:
       | Patents on plants is an abysmally stupid idea that shouldn't
       | exist.
        
         | pfdietz wrote:
         | They serve a legitimate public purpose, to allow the creators
         | of new plant varieties to earn enough to justify their
         | creation. Why are you entitled to the results of this effort
         | but deny the creators their due? Do you think these varieties
         | just come into existence out of thin air, and those patenting
         | them are somehow unfairly exploiting a windfall?
        
         | college_physics wrote:
         | If you can bribe a politician, the abyss is legal all the way
         | down
        
       | fear_and_coffee wrote:
       | [dead]
        
       | [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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