Re:“Open Source” Seeds Loosen Big Ag’s Grip on Farmers
by Scoundreller on Friday February 10, 2023 @08:09PM
(#34748400)
> 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.
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.