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Re:Argentine government favors farmers in dispute with Monsanto by koolba on Thursday April 21, 2016 @03:30PM (#11544766)
What business is it of there's how I ended up with it? If I didn't sign a license agreement then I can do what I want with those seeds. That includes planting them, spraying them with roundup, then planting the survivors.

Their business model depends on farmers agreeing to licensing their seeds. Nothing says that those farmers have to agree to that. If those same seeds are available elsewhere, whether brought by the wind or just bought locally, a farmer who has NOT signed any sort of agreement can do whatever they'd like with them.

Re:Argentine government favors farmers in dispute with Monsanto by traek on Thursday April 21, 2016 @04:18PM (#11545046)
Because the case rested on patent infringement, not contract violation? People don't need to sign a license agreement to be bound by patent law.

> Their business model depends on farmers agreeing to licensing their seeds. Nothing says that those farmers have to agree to that.

The entire concept of patents disagrees with you. If the farmers don't agree to a license, they cannot legally use the invention.

Re:Argentine government favors farmers in dispute with Monsanto by koolba on Thursday April 21, 2016 @04:24PM (#11545080)
> The entire legal concept concept of patents disagrees with you.

I'll leave it an exercise to the reader on whether I agree with idea of patents on plants (or software).

Re:Argentine government favors farmers in dispute with Monsanto by pdabbadabba on Thursday April 21, 2016 @04:42PM (#11545199)
Clearly you don't, but you haven't given us any reason to agree with you!
Re:Argentine government favors farmers in dispute with Monsanto by rhino369 on Thursday April 21, 2016 @04:20PM (#11545060)
>What business is it of there's how I ended up with it? If I didn't sign a license agreement then I can do what I want with those seeds. That includes planting them, spraying them with roundup, then planting the survivors.

35 U.S.C § 271 makes it their business.

Re:Argentine government favors farmers in dispute with Monsanto by hodwik2 on Thursday April 21, 2016 @03:42PM (#11544849)
Extend this logic to other intellectual properties, and explore the consequences.

PC-Company-A signs no license with Microsoft. An employee of theirs finds a copy of Microsoft Windows laying on the ground.

Having no agreement with MSFT, and having discovered Windows "on the wind", as it were, they start to install it on their PCs.

Is it Microsoft's business? PC-Company-A has no license with them, why should it matter?

Re:Argentine government favors farmers in dispute with Monsanto by Fargren on Thursday April 21, 2016 @03:47PM (#11544876)
Can the employee install Windows without accepting a Microsoft EULA? I don't think the case is identical.
Re:Argentine government favors farmers in dispute with Monsanto by hodwik2 on Thursday April 21, 2016 @05:12PM (#11545379)
They can with a modified copy of Windows. Is that what makes or breaks it from being intellectual property theft?

I ask, because it would be pretty easy to add a jump in the Windows binary to skip the EULA -- Free Windows for life!

Re:Argentine government favors farmers in dispute with Monsanto by techthroway443 on Thursday April 21, 2016 @05:47PM (#11545570)
Pretty sure modifying copies of Windows so that you are circumventing the EULA constitutes a crime in of itself.
Re:Argentine government favors farmers in dispute with Monsanto by eru on Thursday April 21, 2016 @06:49PM (#11545878)
Assume he finds the modified copy of Windows on the ground. (Ie someone anonymously took out the check.)
Re:Argentine government favors farmers in dispute with Monsanto by E6300 on Friday April 22, 2016 @01:44AM (#11547280)
In that case, no, Microsoft would not be able to do anything to someone who found a Windows DVD modified to remove the EULA check:

1. Copyright would not be involved because copyright cover the reproduction and distribution of content. You did neither. It'd be the same if someone photocopied a book and you found the copy on the ground. You might argue that "well, you need to copy the software from the DVD to the system". If that's a problem, imagine that the mysterious individual also somehow installed the OS on your computer without your knowledge.

2. Patent law doesn't apply because patents (in theory) cover the application of techniques and technologies. Patents are irrelevant to end-users.

3. As stated before, the EULA also doesn't apply.

IMO, applying patents to living organisms is completely bogus, conceptually. It'd make more sense if the genetic information of the organism was copyrighted. Then it would make some sense to talk about unlicensed copies being made, although it'd still be rather tenuous. Copyright wasn't thought for self-replicating and randomly-modifying data. Has a law been broken if a disc undergoes mitosis? How many words would you need to change for a book to no longer be considered the same?

Re:Argentine government favors farmers in dispute with Monsanto by eru on Friday April 22, 2016 @08:40AM (#11548644)
> In that case, no, Microsoft would not be able to do anything to someone who found a Windows DVD modified to remove the EULA check [...]

They would certainly be able to do something about that person, if said person would start distributing copies.

Re:Argentine government favors farmers in dispute with Monsanto by E6300 on Friday April 22, 2016 @10:02AM (#11549243)
Sure, but that's why the example only says that the person installed the software.

Also, question: What if, unknowingly to this person, the OS had been modified to act as a BitTorrent client and seed copies of itself?

Re:Argentine government favors farmers in dispute with Monsanto by eru on Saturday April 23, 2016 @03:01AM (#11554507)
I think there's stuff like Acting in Good Faith that comes in.
Re:Argentine government favors farmers in dispute with Monsanto by realusername on Friday April 22, 2016 @04:20AM (#11547730)
What's about all these comparisons with software in this thread ? It's completely irrelevant. Crops are used for people to eat, it's their means of survival. Microsoft can do what they want, it's still software, there is no comparison possible.

We should not be able patent/copyright seeds at all for obvious reasons, it's what people use to survive every day... And if that means that Monsanto will die and the research should be made public, then I'm all for it. No company should have that kind of power at all.

Re:Argentine government favors farmers in dispute with Monsanto by 5ilv3r on Thursday April 21, 2016 @04:28PM (#11545110)
That would be a different story if CDs grew on trees....
Re:Argentine government favors farmers in dispute with Monsanto by hodwik2 on Thursday April 21, 2016 @05:17PM (#11545412)
So if someone engineers trees to grow CDs you still wouldn't protect their intellectual property?

How amazing does an invention have to be before you guys will let a company protect it?