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Farmer’s use of genetically modified soybeans grows into Supreme Court case
The Washington Post ^ | 09 Feb 2013 | Robert Barnes

Posted on 02/11/2013 9:16:12 AM PST by Theoria

Farmer Hugh Bowman hardly looks the part of a revolutionary who stands in the way of promising new biotech discoveries and threatens Monsanto’s pursuit of new products it says will “feed the world.”

“Hell’s fire,” said the 75-year-old self-described “eccentric old bachelor,” who farms 300 acres of land passed down from his father. Bowman rested in a recliner, boots off, the tag that once held his Foster Grant reading glasses to a drugstore rack still attached, a Monsanto gimme cap perched ironically on his balding head.

“I am less than a drop in the bucket.”

Yet Bowman’s unorthodox soybean farming techniques have landed him at the center of a national battle over genetically modified crops. His legal battle, now at the Supreme Court, raises questions about whether the right to patent living things extends to their progeny, and how companies that engage in cutting-edge research can recoup their investments.

What Bowman did was to take commodity grain from the local elevator, which is usually used for feed, and plant it. But that grain was mostly progeny of Monsanto’s Roundup Ready beans because that’s what most Indiana soybean farmers grow. Those soybeans are genetically modified to survive the weedkiller Roundup, and Monsanto claims that Bowman’s planting violated the company’s restrictions.

Those supporting Bowman hope the court uses the case, which is scheduled for oral arguments later this month, to hit the reset button on corporate domination of agribusiness and what they call Monsanto’s “legal assault” on farmers who don’t toe the line. Monsanto’s supporters say advances in health and environmental research are endangered.

And the case raises questions about the traditional role of farmers.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Government
KEYWORDS: farming; gmfood; gmo; monsanto; scotus; scotusgmfood; soybeans; supremecourt
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To: E. Pluribus Unum

“...why should people or companies own a disease in the first place? They didn’t invent it. Yet today, more than 20 human pathogens are privately owned...”

If someone owns a disease that I affecting me, can I take legal action against them because they are not controlling what they own and it’s harming me? After all, if someone’s dog bites me I may be able to sue them or even have them arrested. Same goes (some places at least) if I slip on ice that’s on someone’s open to the public property.


21 posted on 02/11/2013 10:10:33 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: hoosierham
This is like Monsanto suing farmers whose non-Monsanto crops were accidentally cross-pollinated by Monsanto varieties.

Sorry, too late, Monsanto is already busy doing this, for years.

22 posted on 02/11/2013 10:13:03 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Theoria
I suspect some organic/heritage farmer out there could try some type of lawsuit if a gmo planted crop near his organic field contaminated his product.

So far, it works the other way around, Monsanto be suing all the little farmers, organic or no.

23 posted on 02/11/2013 10:16:26 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: KrisKrinkle
If someone owns a disease that I affecting me, can I take legal action against them because they are not controlling what they own and it’s harming me?

That is indeed brilliant (not sarcasm). A precedent like that would fix the entire problem in 24 hours.

24 posted on 02/11/2013 10:22:54 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Navy Patriot

We have the best courts money can buy!!!


25 posted on 02/11/2013 10:28:21 AM PST by hoosierham (Freedom isn't free)
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To: hoosierham

Buy? Haha! They’re just blackmailed with the dirt in their past ... like the treasonous pirate Roberts.


26 posted on 02/11/2013 10:32:14 AM PST by MHGinTN (Being deceived can be cured.)
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To: hoosierham

Yep, about the only thing thing we don’t have is Rule of Law.


27 posted on 02/11/2013 10:35:24 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Theoria

HAHA, and as a sidebar, ppl end up consuming it either way ya look at it—indirectly through the animals who eat it, or directly to humans.


28 posted on 02/11/2013 10:52:35 AM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: Bronco_Buster_FweetHyagh
If he wants to buy their beans for planting, he should pay the price. Otherwise, buying feed beans at feed prices implies a limitation on their use.

The big-government/big-corporate criminal monopoly thanks you for your support.

We have a few more laws we would like to pass to strengthen our monopoly. Can we count on your support in the future?

29 posted on 02/11/2013 10:53:30 AM PST by E. Pluribus Unum (TYRANNY: When the people fear the politicians. LIBERTY: When the politicians fear the people.)
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To: Theoria

Screw enough farmers and we’ll all starve. That has happened in other totalitarian countries.


30 posted on 02/11/2013 10:53:46 AM PST by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: muir_redwoods
I don’t know a thing about soybeans. If they self-fertilize then this guy is copying monsanto’s product. If any cross-fertilization from non-monsanto stock has occured than it’s a new product, Round-up resistant though it may be.

Soybeans self-pollinate. It's actually very difficult to get a soybean plant to be pollinated by an different plant.

I'm not sure how that makes a difference. If Monsanto can claim patent infringement, they can do so on a derivative product. The gene is their IP, not the beans.

31 posted on 02/11/2013 11:00:41 AM PST by Mr. Know It All
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To: Theoria; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; GregNH; ..

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

32 posted on 02/11/2013 11:06:00 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Theoria

For years and years the government has controlled farmers and what they do via “farm assistance programs” and it has done nothing but promote policies and controls on what farmers can do and what is profitable to farmers to the point where a lot of farmers plant corn because they will get a subsidy and other grain that would normally be grown 50 years ago is ignored as we move to the corn mono-culture through the midwest that Monsanto and ADM control exclusively.

Growing up on a farm this whole thing is sickening to me.

They are controlling the farmer and skewing natural markets which hurts every small farmer and helps no one but big agra-business.


33 posted on 02/11/2013 11:08:17 AM PST by GraceG
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To: Theoria

I believe there is a case brewing by some organic farmers that they cannot grow organic with GMO crops nearby because of pollination with the GMO. The court has already ruled against companies using ‘terminator’ genes that make the product of planted seed sterile.

This man is buying commodity beans. They have many uses besides feed. The elevator resells the beans to the highest bidder for whatever they need them for. Remember these are beans from many farmers and many varieties and some are not GMO. There could even be GMO seed the patent has run out on in the mix. He is buying a mixed up mess using it for seed. He is not buying pure GMO seed or a certain variety so I do not see where Monsanto has a claim. The farmer, on purchase of the commodity beans does not even know if the seeds will grow.


34 posted on 02/11/2013 11:09:39 AM PST by taterjay
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To: E. Pluribus Unum

I’m not sure how I think about this, I can see both sides. Ever go to a tree & plant nursery? You probably have bought Rose plants if you are a home owner, maybe a fruit tree or two also. Guess what? Most all of the nursery produced plants are patented. It is listed right on the label it is called P.P.A.F. and it will list a number and the warning this plant is prohibited for reproduction without a license.

It has been that way for many moons. Roses are marketed as “Patented Roses” in many outlets. Commercial and hobby plant breeders apply for a patent so they can send their product out to the vast network of growers nation and worldwide and get paid for their inventions while the consumer enjoys the fruit of the patent holder’s talents.

How is this different?


35 posted on 02/11/2013 11:14:13 AM PST by bigfootbob
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To: 9YearLurker
Monsanto is a disaster of a company, completely out of control

They represent a SMALLER problem in comparison to our "OUT OF CONTROL" Federal Government.

BOTH need to be brought under control and their power CHECKED soon!

36 posted on 02/11/2013 11:15:24 AM PST by VideoDoctor
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To: Bronco_Buster_FweetHyagh

“Otherwise, buying feed beans at feed prices implies a limitation on their use.”

Nope. If he intentionally bought a certain variety specifially for planting yes.
This guy just went to the elevator and bought beans to plant. He had no idea what he was getting.

Totally against our nations principals to prohibit something like this. We are a nation of free people. Free from government and from corporate over reach.


37 posted on 02/11/2013 11:21:17 AM PST by HereInTheHeartland (Lawyers have caused thousands of times more destruction to our nation than have guns)
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To: Theoria

>> “ Monsanto’s supporters say advances in health and environmental research are endangered.” <<

.
Since when is a ride down a slippery slope considered an “advance.”

Health requires the stuff God gave us, not GMO poisons.


38 posted on 02/11/2013 11:21:53 AM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: HereInTheHeartland
Free from government and from corporate over reach.

The line between government and corporate gets more blurred with each passing day.

39 posted on 02/11/2013 11:22:36 AM PST by dfwgator
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To: Mr. Know It All

But cross polinated beans, if such things occur, would contain DNA unique from the patented Monsanto product.


40 posted on 02/11/2013 11:24:18 AM PST by muir_redwoods (Don't fire until you see the blue of their helmets)
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