Showing posts with label patenting life. Show all posts
Showing posts with label patenting life. Show all posts
Friday, June 27, 2014
Open Source Seed Initiative
You might have seen the hubbub on Facebook when they first launched the Open Source Seed Initiative on April 17th - many of us were euphoric that the idea of Open Source software was going to tried on seeds. A lot of what this means is yet to be explained, but the excitement remains.
This blog is written using Open Office Writer, the open source equivalent of Microsoft's Office software suite. I used the Microsoft product for most of my 17 years working in a university setting; now making my living working with not-for-profits and as a teacher/lecturer and a writer, I am very grateful for Open Office - it's not as polished as the Microsoft product and the documentation/help offered is really rudimentary, but most of the users of Open Office find those inconveniences a small bother when they compare the price. Those geeks using Open Office have no problem for the lack of documentation, that's why they are called geeks!
So Open Source technology has worked for software and other applications which makes it an interesting paradigm for seeds. This effort is underway and there are already some 30 vegetable varieties offered as Open Source seeds, with the Open Source Seed Pledge on the packet, which reads: This Open Source Seed Pledge is intended to ensure your freedom to use the seed contained herein in any way you choose, and to make sure those freedoms are enjoyed by all subsequent users. By opening this packet you pledge that you will not restrict others' use of these seeds and their derivatives by patents, licenses or any other means. You pledge that if you transfer these seeds or their derivatives you will acknowledge the source of these seeds and accompany your transfer with this pledge. www.opensourceseedinitiative.org"
I fully support this initiative. Over the past years, I have read of large multi-national companies (no one need name names like Monsanto or the other big ag bullies) taking indigenous peoples seed stock, using that genetic material to make their hybrids and then selling the new seed back to the people from whom the raw genetic material was taken from to begin with! Of course, when taking the genetic material no monetary value was assigned and the raw material was essentially stolen. Even if they had paid for it, it still would have been essentially stolen because no where near the value of those genes would have been paid.
While this still causes a great deal of concern, we in the United States can begin to apply this to our seeds at once. Hopefully other countries' legal structure either do allow for this kind of contract or will soon. While working on new strains of vegetables in The Learning Garden, I have often thought it would be a shame that I would have to patent any new variety I might be able to introduce even though I am fundamentally and religiously opposed to the idea of patenting life, but until now I had no other mechanism to prevent others from patenting the material and I certainly do not want any of my work ending up in the madness of un-controlled gene splicing.
Look for more articles on this in the future. This is one the most exciting events in the seed world since the Whealys sent out their first list of heirloom seeds to potential seed savers.
It's an exciting time to be on the front lines of saving our genetic heritage.
Additional source material from:
http://grist.org/food/open-source-seeds-while-they-spread-shoots-they-plant-ideas/
http://www.vqronline.org/reporting-articles/2014/05/linux-lettuce
david
Saturday, March 9, 2013
And In Breaking News
![]() |
| Self replicating little parcels of carrots ready to be planted. |
There
is a case that has been heard by the US Supreme Court, Bowman vs.
Monsanto and we are awaiting their decision. I, for one, am not
hopeful that they will take the correct stance, which, of course
would be to eviscerate the patent on seeds altogether. The patent on
seeds is immoral and unethical and sets a horrid precedent: the forces
in favor of patents on seeds have no idea of the line they have
crossed in this matter.
In
fact, neither do the Supreme Court Justices and most of the American
public, but it is clear to those of us whose life's work is with seeds,
this is a horrible transgression onto the patenting of life. In
fact, Chief
Justice John G. Roberts Jr. asked,"Why in the world, would
anybody spend any money to try to improve the seed if as soon as they
sold the first one anybody could grow more and have as many of those
seeds as they want?" leaving me to hope he was just having a momentary loss of memory and doesn't
really believe that people did exactly that since agriculture began!
I
had the opportunity to be with Vandana Shiva this last week and hear
her cogent answers, marveling at her ability to synthesize answers
that not only answered the question, but enlightened the listener to
points they had not yet considered in the question. She told us
about the 200,000 varieties of rice in India – all bred
by peasants, different rice varieties for different fields for
example. But an observant rice farmer, peasant or not, sees a lot of
rice and a keen observer will find different varieties – in fact,
it was Luther Burbank's keen eye (not magical genius) that gave the
world the Burbank Potato, still the most popular baking potato in the
world today over 100 years later. He spotted one potato plant with some flowers that produced some seeds (not a common
thing, potatoes are almost always propagated by cutting the tubers
into chunks and planting them, rarely by seed). He harvested the seeds and a seedling from those seeds became the
famous potato that keeps Idaho on the map.
Prior
to the 1950's, almost all plant breeding in the US was done by
farmers – with the expectation that they would profit very little
from the improvement of seed except by better crops. The idea of
patenting life was abhorrent to them, even if they wished to make
more profit on their new line of seeds. The lack of patents did not
slow down the process of finding new and better plants - and this is an important point the bio-tech corporations wish to ignore - we never needed patents before them and their derelict technology!
But
business empires are not built on 'what we used to do,' so once the
chemical company decided it wanted to control the food supply, they
moved aggressively to get our government to protect their seed
varieties with patents. This is the genesis of our current
situation. It wasn't enough that chemical companies wanted to make
money, they wanted guarantees that they could make money on a scale
not seen in agriculture since the beginning of agriculture. The old
saw, “How do you make a million dollars farming? Start with two
million,” could be amended to, “How do you make a million dollars
farming? Start as a chemical company and buy yourself a government.”
Even
intelligent people argue for patent enforcement because if they let
replication occur in seeds, then what happens to software, recording
and so on. This is not a valid question and the questioner is not
thinking the thing through. Rolling the law back on seed patenting
would not in any way be applicable to these other patents – the
difference is obvious. The question really should be, if we allow
patents on seed, does this mean that a man should patent his own
sperm and a woman her eggs before a bio-tech company does it? Sperm
and eggs are more closely similar to a seed than a recording! A seed
is LIFE. A recording is NOT. Software is NOT.
In
fact, the Supreme Court is set to hear arguments in a case about
patenting human genetic material April 5th. Now I can see
scenarios happening that just a few years ago would have been seen as
crazy. What if I am given a genetically modified cure for
Alzheimer’s. Is my body now a bio-tech company property? What if
I have children and they, of course, inherit the cure? Are they
owned by the bio-tech company? Do they have to buy a license? After
all, like seeds, people are self-replicating!
Let
us be clear: a life cannot be patented regardless if that has a
deleterious effect on commerce. It does not matter.
Mind
you, only those who do not see the difference between a baby and a
recording or a seed and a software program imagine that one has
anything to do with another.
Patenting
life – any life – is a line we should NEVER have crossed. Now
that we've done it, we need to undo it as quickly as possible. It is
morally offensive and moves us towards re-establishing human slavery.
You'll
never get that with software or a recording.
david
Labels:
Monsanto,
patenting life,
Supreme Court,
Vandana Shiva
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