Corporatism Wins, Again: SCOTUS Unanimously rules in favor of Monsanto, vs an Indiana Farmer!Submitted by AnCapMercenary on Mon, 05/13/2013 - 18:12
Monsanto wins landmark case in Supreme Court
Published on May 13, 2013
On Monday, the US Supreme Court ruled in favor of the bio-tech giant Monsanto. In the case, Indiana farmer Vernon Bowman was being accused of seed infringement after he allegedly planted soybean seed without the company's permission. RT's Liz Wahl brings us more on the landmark case and how the 75 year-old man violated Monsanto's patent.
Monsanto taking over America's agriculture: New victory in Supreme Court
Published on May 13, 2013
A battle between Monsanto and an Indiana farmer ended on Monday after the Supreme Court found Vernon Bowman guilty of patent infringement. The 75-year-old farmer is expected to pay approximately $85,000 in damages. Many see this as a major blow against smaller farmers across the country and fear this ruling can threaten the livelihood of thousands of farmers. Patent attorney Mark Walters, who represented the defendant, joins us to discuss the details of the case and what this means for America's agriculture future.
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By Robert Barnes
May 13, 2013
The Supreme Court agreed with Monsanto on Monday that an Indiana farmer’s unorthodox planting of the company’s genetically modified soybeans violated the agricultural giant’s patent.
The court unanimously rejected farmer Vernon Hugh Bowman’s argument that he was not violating Monsanto’s patent because the company’s pesticide-resistent “Roundup Ready” soybeans replicate themselves. Justice Elena Kagan said there is no such “seeds-are-special” exception to the law.
“We think that blame-the-bean defense tough to credit,” Kagan wrote. “Bowman was not a passive observer of his soybeans’ multiplication; or put another way, the seeds he purchased (miraculous though they might be in other respects) did not spontaneously create eight successive soybean crops.”
By David G. Savage
May 13, 2013, 9:13 a.m.
WASHINGTON — The Supreme Court gave a victory to Monsanto and other makers of patented seeds Monday, ruling they can prohibit farmers from growing a second crop from their genetically engineered seeds.
In a unanimous decision, the court said the patent for a specialized seed outlives the first planting. Otherwise, these seed patents would be “largely worthless,” said Justice Elena Kagan in explaining the decision.
Agri-business giants like Monsanto will be relieved by the ruling. They told the court they had spent huge sums of money and devoted years of effort to develop special seeds that can resist disease and grow more bountiful crops. The companies then obtained patents on these seeds, giving them an exclusive right to profit from them.
SCOTUS Ruling/Opinion .PDF: http://www.supremecourt.gov/opinions/12pdf/11-796_c07d.pdf
Cornell Univ. Law School Coverage Page: http://www.law.cornell.edu/supct/cert/11-796
Setting aside the immorality of using a Monsatan GMO toxic products to begin with, so...now buying and using a second hand purchased product beyond 'licensing period,' wholly from someone else who is still 'lawfully contracted,' is "unanimously" 'illegal'??
I'd submit, that in the finality, this case isn't even about IP, per-se, it's more about the veracity of our natural right to voluntarily associate and make contracts and freely exchange goods and services in the second-hand market!
Hey, don't govt a-holes do that everyday, when they hire/contract third party PRIVATE services to intentionally commit crimes: conduct 4th Amendment violating warrantless searches (in addition to their already UnConstitutional warrantless wiretaps, etc. using State mechanisms), simply by outsourcing to those whom 'legally can'??
So what's the diff?
Quite contrary to their ruling a similar 'second hand IP use' case involving books: Supap Kirtsaeng v. John Wiley & Sons, Inc.
SCOTUS Ruling/Opinion .PDF: http://www.supremecourt.gov/opinions/12pdf/11-697_d1o2.pdf
Mayor Ny's post on it.
Rules for Thee, but Not for Me!
UPDATE 1: Courtesy of Betty Liberty
FYI: May 25th - Global March Against Monsanto! To find an event near you: http://www.march-against-monsanto.com/
UPDATE 2: RT America Videos added; see at the top of the page.