There is definitely a need for the law to catch up to reality. Farmers should be able to use seed from their own plants even if they've been cross-pollenated. They shouldn't be able to advertise the patented traits without paying for the patent license. I think that's a fair balance. You can't put your proprietary thing out there to automatically install itself in other people's systems then sue them for having it installed. Imagine if a software development company tried that in court.