http://www.wisbusiness.com/index.iml?Article=238357

headline:

Family Farm Defenders: Monsanto's failure to provide binding legal
covenant to protect family farmers threatened by GMO contamination
necessitates amended complaint
6/3/2011

NEW YORK - June 1, 2011 - New threats by Monsanto have led to the
filing of an amended complaint [link] by the Public Patent Foundation
(PUBPAT) in its suit on behalf of family farmers, seed businesses, and
organic agricultural organizations challenging Monsanto's patents on
genetically modified seed. Twenty-three new plaintiffs have joined
with the original 60 in the amended complaint, bringing the total
number represented in the case to 83. The plaintiffs in the suit,
titled Organic Seed Growers and Trade Association (OSGATA), et al. v.
Monsanto and pending in the Southern District of New York, now include
36 family farmer, food, agricultural research, food safety, and
environmental organizations representing hundreds of thousands of
members including several thousand certified organic, biodynamic, or
otherwise non-transgenic family farmers.

"Our clients don't want a fight with Monsanto, they just want to be
protected from the threat they will be contaminated by Monsanto's
genetically modified seed and then be accused of patent infringement,"
said PUBPAT Executive Director Daniel B. Ravicher. "We asked Monsanto
to give our clients reassurance they wouldn't do such a thing, and in
responsethey chose instead to reiterate the same implicit threat to
organic agriculture made in the past."

Soon after the March filing of the lawsuit, Monsanto issued a
statement saying they would not assert their patents against farmers
who suffer "trace" amounts of transgenic contamination. In response,
and in the hope the matter could be resolved out of court, PUBPAT
attorneys wrote Monsanto's attorneys asking the company to make its
promise legally binding. Monsanto responded to PUBPAT's request by
hiring former solicitor general, Seth P. Waxman, a partner in the
Washington, D.C. office of WilmerHale, who rejected PUBPAT's request
and instead confirmed Monsanto may indeed make claims of patent
infringement against organic farmers who become contaminated by
Monsanto's genetically modified seed. Copies of both letters are
available as exhibits at the end of the amended complaint [link].

"Monsanto's letter was an empty, indefensible, and self-evident
evasion showing theyare only interested in spinning propaganda without
taking serious steps to resolve the problem created for organic and
non-transgenic agriculture," said one of the co-plaintiffs in the
suit, Don Patterson of Virginia. "With the Monsanto letter signed by
Waxman, the company rolled out their biggest legal cannon, but they
fired off only fluffy wadding and smoke," as he views it. "The letter
shows Monsanto wanting to protect their freedom to threaten farmers
with patent infringement suits," he states; "Both the threats and the
lawsuits are clearly important to their marketing strategy and
business model."

"Despite their empty propaganda to the contrary, they plainly do not
want to give up these tactics," Patterson asserts. "Monsanto has
collected multiple millions of dollars in settlements often from
family farmers without the resources to defend themselves," he
reports; "Too many have had to settle because they could not afford to
fight."

"The serious issues being engaged in this case require a constructive
and socially-acceptable response from the defendant in the public
interest," adds Maine farmer Jim Gerritsen, President of OSGATA, the
lead plaintiff in the suit. "In the absence of that, we reassert the
essential importance of the arguments stated in March and reinforced
now by the additional evidence of the Monsanto intransigence.
Monsanto's utter failure to act reasonably to address our concerns has
only reaffirmed the need for our lawsuit."

"We don't think we are asking too much to want assurance that if
Monsanto's transgenic genes contaminate our crops we will not be sued
by Monsanto," adds Iowa organic dairy farmer Francis Thicke, owner of
plaintiff Radiance Dairy; "It is bad enough that we face the threat of
contamination of our organic and non-transgenic crops. The least
Monsanto can do is give us assurance that they won't sue us for their
own genetic trespass."

The amended Complaint elaborates a fear tangibly vexing many family
farmers: "Monsanto continued in the statement to perversely
characterize this suit as an 'attack,' when Plaintiffs seek no money
from and no injunction against them. All Plaintiffs seek is peace of
mind if they are ever contaminated by Monsanto's transgenic seed, the
company could never sue them for patent infringement. This is not an
attack by the Plaintiffs and to characterize it that way only further
evidences Monsanto's aggressive and threatening attitude with respect
to its patents. Thus, the statement made by Monsanto in response to
this suit has only served to heighten Plaintiff's fear that Monsanto
will seek to enforce its patents against them should they ever be
contaminated by Monsanto's transgenic seed ... (cont)
---

A dissenting voice, Frank?
--
- Billy

Mad dog Republicans to the right. Democratic spider webs to the left. True conservatives, and liberals not to be found anywhere in the phantasmagoria
of the American political landscape.

America is not broke. The country is awash in wealth and cash.
It's just that it's not in your hands. It has been transferred, in the
greatest heist in history, from the workers and consumers to the banks
and the portfolios of the uber-rich.
http://www.politifact.com/wisconsin/.../michael-moore
/michael-moore-says-400-americans-have-more-wealth-/

On 06/03/2011 05:56 PM, Billy wrote:
http://www.wisbusiness.com/index.iml?Article=238357

headline:

Family Farm Defenders: Monsanto's failure to provide binding legal
covenant to protect family farmers threatened by GMO contamination
necessitates amended complaint
6/3/2011

NEW YORK - June 1, 2011 - New threats by Monsanto have led to the
filing of an amended complaint [link] by the Public Patent Foundation
(PUBPAT) in its suit on behalf of family farmers, seed businesses, and
organic agricultural organizations challenging Monsanto's patents on
genetically modified seed. Twenty-three new plaintiffs have joined
with the original 60 in the amended complaint, bringing the total
number represented in the case to 83. The plaintiffs in the suit,
titled Organic Seed Growers and Trade Association (OSGATA), et al. v.
Monsanto and pending in the Southern District of New York, now include
36 family farmer, food, agricultural research, food safety, and
environmental organizations representing hundreds of thousands of
members including several thousand certified organic, biodynamic, or
otherwise non-transgenic family farmers.

"Our clients don't want a fight with Monsanto, they just want to be
protected from the threat they will be contaminated by Monsanto's
genetically modified seed and then be accused of patent infringement,"
said PUBPAT Executive Director Daniel B. Ravicher. "We asked Monsanto
to give our clients reassurance they wouldn't do such a thing, and in
responsethey chose instead to reiterate the same implicit threat to
organic agriculture made in the past."

Soon after the March filing of the lawsuit, Monsanto issued a
statement saying they would not assert their patents against farmers
who suffer "trace" amounts of transgenic contamination. In response,
and in the hope the matter could be resolved out of court, PUBPAT
attorneys wrote Monsanto's attorneys asking the company to make its
promise legally binding. Monsanto responded to PUBPAT's request by
hiring former solicitor general, Seth P. Waxman, a partner in the
Washington, D.C. office of WilmerHale, who rejected PUBPAT's request
and instead confirmed Monsanto may indeed make claims of patent
infringement against organic farmers who become contaminated by
Monsanto's genetically modified seed. Copies of both letters are
available as exhibits at the end of the amended complaint [link].

"Monsanto's letter was an empty, indefensible, and self-evident
evasion showing theyare only interested in spinning propaganda without
taking serious steps to resolve the problem created for organic and
non-transgenic agriculture," said one of the co-plaintiffs in the
suit, Don Patterson of Virginia. "With the Monsanto letter signed by
Waxman, the company rolled out their biggest legal cannon, but they
fired off only fluffy wadding and smoke," as he views it. "The letter
shows Monsanto wanting to protect their freedom to threaten farmers
with patent infringement suits," he states; "Both the threats and the
lawsuits are clearly important to their marketing strategy and
business model."

"Despite their empty propaganda to the contrary, they plainly do not
want to give up these tactics," Patterson asserts. "Monsanto has
collected multiple millions of dollars in settlements often from
family farmers without the resources to defend themselves," he
reports; "Too many have had to settle because they could not afford to
fight."

"The serious issues being engaged in this case require a constructive
and socially-acceptable response from the defendant in the public
interest," adds Maine farmer Jim Gerritsen, President of OSGATA, the
lead plaintiff in the suit. "In the absence of that, we reassert the
essential importance of the arguments stated in March and reinforced
now by the additional evidence of the Monsanto intransigence.
Monsanto's utter failure to act reasonably to address our concerns has
only reaffirmed the need for our lawsuit."

"We don't think we are asking too much to want assurance that if
Monsanto's transgenic genes contaminate our crops we will not be sued
by Monsanto," adds Iowa organic dairy farmer Francis Thicke, owner of
plaintiff Radiance Dairy; "It is bad enough that we face the threat of
contamination of our organic and non-transgenic crops. The least
Monsanto can do is give us assurance that they won't sue us for their
own genetic trespass."

The amended Complaint elaborates a fear tangibly vexing many family
farmers: "Monsanto continued in the statement to perversely
characterize this suit as an 'attack,' when Plaintiffs seek no money
from and no injunction against them. All Plaintiffs seek is peace of
mind if they are ever contaminated by Monsanto's transgenic seed, the
company could never sue them for patent infringement. This is not an
attack by the Plaintiffs and to characterize it that way only further
evidences Monsanto's aggressive and threatening attitude with respect
to its patents. Thus, the statement made by Monsanto in response to
this suit has only served to heighten Plaintiff's fear that Monsanto
will seek to enforce its patents against them should they ever be
contaminated by Monsanto's transgenic seed ... (cont)
---



Monsanto are a group of thugs, villains, and organized criminals
legally sanctioned by corrupt government to destroy family farms
and pollute the food supply with GMO crops.

Monsanto sends their Goons onto farms under cover of darkness to
steal samples of crops contaminated by a neighbors use of GMO
seed, then use it to extort everything they can get from the
poor farmer, usually resulting in a multi generation farm being
sold and the once proud family farmers having to work at menial
jobs like McDonald's in order to survive. Government has passed
a law saying that even home gardeners who buy seed can't legally
save seed from what they've grown and plant it next year. In the
future of our country companies like Monsanto will control the
majority of the food Americans consume. Prices will continue to
rise. As the smaller seed companies are taken over it gets more
difficult to by seed not controlled by big business. Many people
don't know and don't care what is happening right now because it
doesn't personally affect them at this time. By the time people
figure out what is happening America will experience a famine
like Russia had in the 1920's where millions of people died while
the rich and elite were happy and well fed. The United States
sent food and seed to Russia helping them to survive. What country
will do that for US?

When we stand by and do nothing while good farmers are forced out
of business by corrupt companies and cross-contamination, consumers
will suddenly realize their options to feed their family are
dwindling, controlled by companies who will squeeze every penny
they can from consumers, with no concern how it destroys our lives
and country. When government cares more about corporations than
lives of citizens our American way of life we love so much will be
lost.

Look at countries where Americans are losing their lives trying
to make the world a better place, where governments only care
about the rich and elite, citizens are starving and scrounging
to survive, that will be our fate. The United States will be
brought down from within, just like the Communist predicted.

American Farmer

Check out the Facebook group, "Millions Against Monsanto" at
https://www.facebook.com/group.php?gid=2209163750

Here in Europe, agriculture seems to be more tightly regulated. We don't have massive pig swill lakes nor supersize dairy farms and GM trials and production are also tightly controlled. Our food labelling is more detailed than that in the US, but it still needs to be tightened.

The EU does control seed quality and seeds can only be sold if they are on the EU lists but people get round that by becoming members of heritage seed clubs and getting free seeds. There's nothing stopping consumers collecting seed and swapping it or growing young plants and selling them.

I don't understand why farmers in the US aren't suing the pants off Monsanto etc for trespassing on their land and damaging their crops.

The EU attitude would be that genetic contamination is something to be avoided and should there be large scale use of GM plants, I imagine that farmers would be able to sue the conglomerates for contaminating their plants.

The protectionist attitude to big business seems all wrong, to me.