U.S. Supreme Court Hears Monsanto Seed Patent Case

[russ_watters]

I'm not willing to look at the case all that closely, but it seems to me that GMOs are a new type of invention and that the legislature should deal with it by passing a law that covers it.

Well, since I generally think the courts have gotten pretty activist liberal, I tend to think a decision with a conservative slant must have been pretty ironclad to get through!

Regardless, it is certainly the job of the courts to decide if a law applies to a situation that may not have exactly existed when the law was crafted. But let me ask you this: if the court decides against Monsanto here, what makes you think the legislature wouldn't immediately plug that hole in their patent protection? Congress has shown a willingness to help protect Monsanto's patents in the past.

I think the legislature is the appropriate place to trade off economic interests.

While I agree, I think you are creating a false dichotomy, saying that Monsanto's gain is the farmers' loss. Again, GM seeds are the farmers' gains as well. In this particular case, the farmer was clearly getting an economic benefit that he didn't pay for.

This finding that a seed is a "copy of an invention" seems dubious to me, as does Monsanto's assertion that they can sell the seeds with restrictions on their use. Since when do they get to tell me how I can use their invention? I never heard of such a thing...

Er, since always? I guess you never read the licensing agreements on the software you install, do you...?

 

[ImaLooser]

Or did the DOJ presume that DuPont would continue it's own case and decided to get government out of it. It is hard to tell because the silence about the situation was very unusual.

Right. The Department of Justice works for us. What's with the silence? I want to know what they are doing. I pay them.

 

[ImaLooser]

if the court decides against Monsanto here, what makes you think the legislature wouldn't immediately plug that hole in their patent

They might. But it would be an open process by accountable representatives. Popular opinion would play a role, as it should.

 

[Evo]

It seems that there is little interest in discussing the thread topic. There have been more off topic posts than on topic. Thread closed.