Question regarding commercial advertising

Tim Eck teck11@embarqmail.com
Sat, 23 Jun 2018 17:49:00 PDT
I would suspect this is the Canadian case you refer to:

https://monsanto.com/company/media/…


Tim Eck




> -----Original Message-----
> From: pbs [mailto:pbs-bounces@lists.pacificbulbsociety.net] On Behalf Of Tim
> Eck
> Sent: Saturday, June 23, 2018 8:38 PM
> To: 'Pacific Bulb Society'
> Subject: Re: [pbs] Question regarding commercial advertising
> 
> Jo-Ann,
> This (in part) is what Monsanto had to say on the subject:
> 
> "Since 1997, we have only filed suit against farmers 147 times in the United
> States. This may sound like a lot, but when you consider that we sell seed to
> more than 325,000 American farmers a year, it’s really a small number. Of
> these, we’ve proceeded through trial with only nine farmers. All nine cases
> were found in Monsanto’s favor."
> 
> A very small number of farmers involved in patent infringement cases with
> Monsanto have sought publicity around their cases, and have characterized
> the company’s actions in a negative light. In some other situations, outside
> parties have portrayed particular cases negatively. We take exception to any
> misleading allegation of wrong-doing. Our employees and contractors respect
> our customers and their property."
> 
> 
> Apparently, the case you mention could only be one of these nine cases that
> went to court so it shouldn't be hard to find.  The anti-Monsanto propaganda
> was much more prevalent on the web.
> 
> Thanks
> Tim Eck
> 
> “Time is nature’s way of preventing everything from happening at once.”
> Anon.
> 
> 
> 
> 
> > -----Original Message-----
> > From: pbs [mailto:pbs-bounces@lists.pacificbulbsociety.net] On Behalf Of
> > Jo&Greg
> > Sent: Saturday, June 23, 2018 3:47 PM
> > To: 'Pacific Bulb Society'
> > Subject: Re: [pbs] Question regarding commercial advertising
> >
> > Tim, with due respect, that was not the case.
> > Monsanto's original claim was that of willful intent to steal, but when it was
> > obvious it would not go forward because the defendant proved in pre-trial
> he
> > did not know his seed had been infected, and the infection of his seed was
> > undesirable ... he was an organic grain farmer. So the Monsanto lawyers
> > narrowed the legal argument to usage, not willful intent to steal or profit, a
> > de facto crime whether or not intended, and that was how the company
> won
> > the case. And I read the judge's statement. More importantly, I read his
> > comments, which the federal judge also specifically asked to be published in
> > Canadian media ... to wit ... that he (the judge) felt the issue was a
> > miscarriage of justice, that he was constrained to find against the farmer,
> > who was now bankrupt largely because of the ruining of his grain, only
> > because his power as a judge was limited to a ruling that fell ONLY within
> the
> > legal wording in the complaint. He said the Monsanto lawyers were very
> > careful to word their complaint just so, and so they won. The judge said in
> > words of one syllable that the farmer was right, and further that Monsanto
> > had used its power to destroy a farmer and send a message to all who
> > disagreed. He said that if he were able in some legal way, he would have
> not
> > only found against Monsanto, but forced them to pay all the legal costs, pay
> > back the farmer for lost harvest, and levied fines against the company as
> > large a fine as Canadian jurisprudence could allow.
> >
> > So, whatever side of the GMO fence one lives one, I agree, Tom ... be
> careful
> > of only reading only what you already agree with.
> > Jo-Ann Canning
> > Vancouver Island
> >
> > -----Original Message-----
> > From: pbs <pbs-bounces@lists.pacificbulbsociety.net> On Behalf Of Tim Eck
> > Sent: Thursday, June 21, 2018 7:00 PM
> > To: 'Pacific Bulb Society' <pbs@lists.pacificbulbsociety.net>
> > Subject: Re: [pbs] Question regarding commercial advertising
> >
> > It's worth mentioning that "the horrible Monsanto cases" were decided
> based
> > on the willful intent and action of a farmer to steal the RoundUp Ready
> gene
> > from a neighbor's pollen source and breed his own RoundUp Ready seed
> > without compensating Monsanto.  It's so easy to buy into villainizing
> > propaganda when you only get your information from "like-minded people".
> >
> > Tim Eck
> >
> > “Time is nature’s way of preventing everything from happening at once.”
> > Anon.
> >
> >
> >
> > > -----Original Message-----
> > > From: pbs [mailto:pbs-bounces@lists.pacificbulbsociety.net] On Behalf
> > > Of Jo&Greg
> > > Sent: Thursday, June 21, 2018 12:43 PM
> > > To: 'Pacific Bulb Society'
> > > Subject: Re: [pbs] Question regarding commercial advertising
> > >
> > > Perhaps a note or two regarding patented plants may help. My comments
> > > come from my experience with publishing, and copyright info in both
> > > USA and Canada ... copyright is slightly different yet using the same
> > > underlying principles as a patent.
> > > "Resale" and "propagation" and "commercial" all refer to for-profit
> > business.
> > > Non-profit organizations can offer books, plants, seed, etc., for sale
> > > without crossing copyright -- and as far as I've found out -- patent
> > > regulations. Plant patents are also legally suspect. You cannot patent
> > > a recipe or technique and the horrible Monsanto cases against the
> > > grain farmers aside, some feel the change in the plant is more like a
> > > recipe shift than something new or unique (the DNA is not
> > > fundamentally changed), and natural self-sowing or seed drift from
> natural
> > sources are outside the purview of an intent to retail a product.
> > > That said, plants can at present be patented.
> > >
> > > So, I'd go ahead and have that plant sale and seed swap. And remember,
> > > though we are not a group of veggies farmers, when it comes to Big Hort:
> > > "Control my food, control my politics, control distribution, control my
> > politics."
> > > Just my old-hippie-somewhat-anarchistic opinion.
> > > Jo Canning
> > > Vancouver Island, Canada
> > >
> > > -----Original Message-----
> > > From: pbs <pbs-bounces@lists.pacificbulbsociety.net> On Behalf Of Jan
> > > Jeddeloh
> > > Sent: Wednesday, June 20, 2018 4:10 PM
> > > To: Pacific Bulb Society <pbs@lists.pacificbulbsociety.net>
> > > Subject: Re: [pbs] Question regarding commercial advertising
> > >
> > > While we’re griping about Big Horticulture I’d like to add my gripe
> > > about patented plants.  I’ve been stung too often by patented pretty
> > > faces and have learned that a patent does not necessarily reflect the
> > > value or grow-ability of the plant, although it seems like it ought
> > > to.  Too often big nurseries patent every tiny variation and rush the
> > > plant to market.  Sometimes it appears they apply for a patent just to
> > > lock up the market for a year or two and then stop producing the plant
> > > once the word gets out that it’s not a good doer.  You go to the
> > > nursery, are smitten with the pretty face, bring home your new plant
> > > whereupon it promptly dies.  I’ve had this experience several times.
> > > And don’t get me started on the million heucheras or coneflowers out
> > > there. They are sold as perennials but most have an annual life in
> > > your normal, less than perfect home garden.  You know, the home garden
> > that does not have the mythical well drained, evenly moist soil.
> > >
> > > Patented plant are also becoming a problem for plant society plant
> > > sales.  I organize our NARGS chapter participation in the Hortlandia
> > > sale and we have to watch that we don’t offer patented plants.  As
> > > more and more plants are patented it will become harder to find plants
> > > we can propagate.  Yes growing from seed it great but many of our
> > > members want to donate divisions and cutting grown plants.  Plant tags
> > > get lost and it would be very easy to inadvertently offer a patented plant
> for
> > sale.
> > >
> > > I realize plant breeders want to get some kind of return from their
> > > investment of time and money but it shouldn’t be too much to ask that
> > > the plants be good doers and truly unique. They should also be
> > > adequately trailed.  One or two years is just not enough.  I have
> > > found a couple of patented plants that are worth growing.  Geranium
> > > “Roxanne” blooms all summer, does not spit seed all over and is tough.
> > > Salvia “Amistad”, while tender, puts on a great summer show and is
> > > much beloved by bees and hummingbirds.  It also seems rather silly to
> > > patent plants that will self propagated.  If it’s going to form a big
> > > clump you can easily hack apart gardeners are going to share it
> > > around.  This takes no real skill.  If you want to patent a plant it ought to
> > require a bit of skill to propagate or you will lose the battle of controlling its
> > propagation.
> > >
> > > To bring this back around to bulbs does anyone know of any patented
> > > bulbs?  I know Terra Nova at one point had applied for a patent on a
> > > Cyclamen coum selection with a Christmas tree marking on the leaves.
> > > I wonder if this was denied because it wouldn’t be hard to find look a
> > > likes in many groups of coum seedlings. It’s not in their current catalog.
> > >
> > > Jan Jeddeloh
> > > > On Jun 20, 2018, at 9:59 AM, Jane McGary <janemcgary@earthlink.net>
> > > wrote:
> > > >
> > > > I've been purchasing plants and bulbs for about 35 years now. I'm
> > > > fortunate
> > > to live in Clackamas County, Oregon, which has more nurseries than any
> > > other US county, so "local" can mean anything from a daphne at the
> > farmers'
> > > market to a viburnum from the big Monrovia fields on the other side of
> > > the river. I buy some unusual cultivars and rooted cuttings for
> > > cutflowers by mail order, mostly from specialty nurseries. Most years
> > > I obtain some commercial bulbs for planting out in front of the house
> > > -- daffodils to distract the bulb fly from the good ones in back, anemones
> > and crocuses for the bulb lawn, etc.
> > > Almost all of my bulb "collection" has been grown from seed.
> > > >
> > > > I agree with Robin that there's false advertising by large
> > > > commercial
> > > nurseries, but small ones do so as well, especially in exaggerating
> > > cold- hardiness. They may not mean to, but if you're growing plants on
> > > an island you don't have the same conditions as most of your customers
> > > who live 150 km or more inland. Conversely, nurseries in colder areas
> > > who keep all their stock in greenhouses may produce plants that are
> > > hard to acclimate to outdoor conditions anywhere. Growing your own
> > > from seed is likely to result in losses, but the survivors will be easier to
> keep,
> > and much cheaper.
> > > >
> > > > Two years ago I had the experience Ellen mentions of buying a shrub
> > > > that
> > > had been bulked up by keeping two cuttings in one pot, but I got it at
> > > the farmers' market and the grower told me about it. It's a hybrid
> > > daphne; I was able to disentangle the root systems, potted them
> > > separately for a couple of months before planting out, and now have
> > > two very fine shrubs. This spring I went on a spending spree on
> > > Dianthus cultivars. One nursery sent me excellent plants, but
> > > another's plants had been in their pots far too long (I repotted them
> > > and waited until they recovered to plant them out). I almost never put
> > > a purchased plant into the garden the day after I get it. For one thing, you
> > have to watch them for disease.
> > > >
> > > > As for bulbs that fail, it helps to understand the growth cycles,
> > > > natural
> > > habitats, and structure of the particular species and genera. Bulbs
> > > with strong tunics, such as tulips, can stand dry storage much better
> > > than those without tunics, such as most Fritillaria. A species native
> > > to rocky desert will survive storage better than one native to river
> > > meadows. A species native to the alpine zone may not flourish without
> > > a long winter dormancy (hence the plants "hardy in Denver" that can't
> > > be grown in lowland gardens). It is also instructive to learn how
> > > commercial bulbs are grown and processed in the Netherlands, where
> > > they can be grown in sand, heavily fertilized, protected from
> > > predators, lifted and kept in warehouses controlled for temperature
> > > and humidity, and exported in advantageous condition. After a month at
> > > Home Depot and transfer to a home garden, they'll likely perform for a
> > > year but that may be the limit of their adaptability. Moreover,
> > > controlled conditions can suppress the activity of viruses, which may
> > > resurface in the home garden; that's why all my tulips are grown from
> seed,
> > and I buy lily bulbs only from The Lily Garden, which I trust to provide clean
> > stock.
> > > >
> > > > So read, read, read, and be prepared to lose some plants anyway. You
> > > > can
> > > identify an experienced gardener by their possession of a big bag of
> > > plantless labels.
> > > >
> > > > Jane McGary
> > > >
> > > > Portland, Oregon, USA
> > > >
> > > >
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