Drolefille
PolyPanGeekGirl
I could believe the 1997 crop was accidental. I can't believe the 1998 crop was, as he apparently deliberately and specifically saved those seeds and planted his fields with them.I was following the story since before the trial. I'm inclined to believe Schmeiser's account, and I agree with his ethical position that he should not be forced to change his life long method of saving seeds and replanting them just because Monsanto has a patent on a variety that drifted into his property by natural means.
Only if you replant it, which he did. Had he not replanted the seeds he knew weren't legit, he would have been fine. It wasn't that he found crops in his fields. That's intellectually dishonest. And the case proved he knew (or arguably if he didn't know was so negligent he SHOULD have known.) and hence his second crop wasn't <50% RR canola, it was 95-98% RR canola. That isn't "whoops" nor is it "I always harvest my seed and replant it." It was "I harvested THIS seed and specifically replanted it."Contamination is a well known issue with GMO crops. It's not the fact that plants tend to wander, but the fact that if you discover patented crops in your fields you are suddenly obliged to pay intellectual license fees to a giant corporation or bankrupt yourself fighting it.
According to wiki he didn't prosecute his counter suit, whether that's because a lawyer didn't want to or not, I don't know.Schmeiser didn't win his counter-suit, but he is not liable for the license fees and Monsanto is liable for the cost of removing their IP from his land. He considers that a partial victory, not a defeat. The money he sunk into legal fees will never be recovered, but it set an important precedent.
He harvested and sold that crop, Monsanto paid him like $660 for costs of removing something later. That's not much of a victory. More of a victory was the SC not mandating he pay the tiny profits (and therefore the lawyers fees) back, but he lost his case on the grounds meaning he was legally in the wrong.
In short - I can't see him as a horribly abused victim, nor Monsanto as the evil evil bad guy in this case. He did it on purpose.