Help Fight Monsanto

[AndyfromNC]

Monsanto is quite possibly the most hated corporation on planet Earth. There is a long list of reasons not to like them, Agent Orange, gasoline additives, horrible environmental record with their chemical manufacturing, and recently, their ham fisted demands that all countries blindly accept Genetic Engineering as a way to improve food and food crops.

Recently, I and my small law firm, with two full time attorneys and one part time, have been involved in litigation against Monsanto. We have represented two farmers who have been sued by Monsanto for alleged patent infringement. We have represented both completely pro bono publico, "for the public good." not only have we not accepted any fees for our work, but we have borne our own expenses.

There is a reason for this. The farmer in the present case, is a 60 year old farmer, who has farmed the same 200 acres in Harmony, NC his entire adult life. No, Monsanto wants to take it all. He makes about 16,000-18,000 a year from farming, and him and his wife survive on $25,000 a year. Well, Monsanto has sued him in St Louis, and the trial will last for two weeks. Just paying travel expenses is a crushing expense for a couple that lives on as little as the Trivette's do, not to mention the court ordered expense of a mediator that Mr. Trivette must bear. To give you some idea of the disparity, Monsanto has likely spent around $250,000 to prosecute this case against Trivette. It is rumored that they spend $10,000,000 a year suing small farmers. It is just one of their fear mongering tactics.

However, there is some hope. Unlike many of the attorneys who have represented farmers before us, we have managed to defeat Monsanto's motions for Summary Judgment, and at trial, we will ask the jury to rule that the activity of saving seeds does not violate Monsanto's patent rights. Further, we will ask the jury to rule that Monsanto has misused its patents and they have become unenforceable.

The purpose of this posting is to ask for your support. Financial support, moral support, and your prayers are all welcome and all needed in what is truly an epic battle against the most caustic attorney's have ever faced. Any small donation could help offset actual expenses of this trial. They can be made via paypal at http://www.harringtonpractice.com/trivette.php , which also contains a more detailed explanation of the legal issues and effect this trial could have. Also, if anyone lives in the St. Louis area and might consider giving the Trivette's a place to stay, that could greatly help the effort.

Another good source of information on Monsanto is the "Harvest of Fear" article by Vanity Fair. Thank you so much for any help, assistance or moral support you can offer.

[NOW tense]

1. GM sugar beets in Boulder, CO open space

http://www.dailycamera.com/news/2009/may/27/genetically-modified-sugarbeets-boulder-county/

[AndyfromNC]

2. They are taking over the agriculture world.

There have been some scary studies that show the effects of GM soybeans on mice, but of course, they were buried.

They are suing Germany to make them allow GM corn.

Thanks for the rec's.

[NOW tense]

3. What will happen when

they are too big to fail?

[pjt7]

37. Too Big too Exist

needs to start being America's new common sense Mantra.

[pjt7]

38. There are plenty of good Ron Paul

supporters that are small farmers & are battling this company.

When the cause makes sense to all, the left & right of political views, need to come together & smash evil.

[truedelphi]

14. Andy could you please

email your personal contact info to

joyhealer AT joyhealing.com

I cannot say why on this public forum but I think I can help with your suit

Put the word Monsanto in your header.

[LiberalEsto]

4. Blessings are all I can afford to send

in your fight against MonSatan. You've got them.

[AndyfromNC]

6. We need those too!

Thanks everyone.

BTW, we have our first $20.00!

[BonnieJW]

5. Thank you so much for doing this work.

I will send this out to my email group and ask them to forward. I hope this gets some funds for you.

[glitch]

7. Welcome to DU!

Here's the link to the excellent Vanity Fair article http://www.vanityfair.com/politics/features/2008/05/monsanto200805?printable=true¤tPage=all

[AndyfromNC]

8. Thanks for putting that link up.

my online-fu is still weak. :^)

But hey, I have converted from typewriter to computer.

Andy

[Taitertots]

9. Monsanto spends billions developing GMO strains

They have ever right to defend the intelectual property and make money in the process.

Did this farmer buy seeds from Monsanto and refuse to honor the purchase agreement? Or did he have genetic material drift into his fields?

Produce more food with less fertilizer, herbicide, pesticide, and water. GMO food sounds fantastic to me.

[loudsue]

12. Your post tells me you've been eating too many GMO foods.

I think they've cause some brain damage.

Monsanto is the devil. Period.

[waiting for hope]

15. Delete

[Nederland]

51. Help me out

Can you offer up some links to peer reviewed studies in reputable scientific journals to back up your point? As it stands, your post is a rather dogmatic response in what should be an intellectual debate.

[pam4water]

18. That is not true. The GMOs are more resistance to pesticide/fungicides so they can use more on

the fields. Resulting in more pesticide/fungicide in the food and water. I don't know what kind of person is gullible enough these days to think a large corporation is doing anything that benefit anyone but the top executives these days, but if you are not a shill go read Harvest for Hope by Jane Goodall et al.

Of-course there is cross pollination into farmer who don't buy or want their seeds. Farmer have already been sued in Canada for using seed with genes from cross pollination. If you let that result in one corporation control the seed market you are allowing a monopoly in food to form. No one in their right mind allow that. You also are allowing mass mono-culture to take over food production which soon or later will become susceptible to disease or fungus and crash. The same think with happen in Ireland during the potato famines.

[Grinchie]

23. You make good points

Unfortunately, the line "Produce more food with less fertilizer, herbicide, pesticide and water" Is PURE Fantasy Marketing hype.

The reality is that GMO uses more Herbicide than ever. The reality is that every cell of the plant contains toxic compounds. The reality is that Animals when given the choice will avoid GMO feedstock. The rality is that simple organisms can incorporate the traits from GMO into their own, potentially creating a stomach full of Antibiotic resistant, BT Toxin producing E. Coli or CDiff, The reality is that Monsanto supplicants convinced the USDA that since a GMO Corn, Canola, Soy or Cotton plant is virtually identical to the Non GMO Varieties, yet documented evidence show that the plants could not be more different in the compounds and proteins they produce.

The reality is that there is no free testing of plant material for GMO traits. The reality is that GMO foods are in 80% of the processed foods that Americans eat without their knowledge. and it's not because they don't care.

The Reality is that Dan Quayle was mandated to fast track GMO's, which allowed important safety tests to be avoided. The reality that the only long term feeding trials on humans are occurring right now to millions of unknowing Americans.

The reality is that the Europen countries mandate the labeling of GMO ingredients, and doing that encourgaed the large retailers to stop selling GMO, because nobody bought the GMO products.

The Biotech companies know this will happen in the US too, thats why they fight labeling so much.

Even if your fantasy line about feeding the world with less input were true, I still would not Produce, Eat or recommend GMO foods to anybody, either to grow or consume or feed to their animals until statistically meaningful safety tests are performed that prove without a shadow of a doubt that GMO has no chance of ill effects from long term exposure. At this point, there is too much evidence that can no longer be quashed by the BioTech interests that say that there are definately signs of a toxic reaction in the GI tract of animals that are fed GMO food.

Label GMO Food Ingredients, I'll make my choice when the evidence proves otherwise, and you can happily consume your McHappy meal manufactured out of GMO Corn, Soy, Canola or Cotton.

If it's so good, labeling it can't hurt right? Unless you are worried about liability of millions of cancer patients.

When we finally get labeling, just watch the flight of high paid executives from Monsanto, Bayer, and Syngenta in preparation for the audit trail it will bring.

[KT2000]

27. Wow - you do not get it!

If you were keeping current on their debacle you would know that their plants require more herbicides and pesticides. They are already facing pesticide/herbicide resistance (The weeds and insects become impervious to the products they that are applied. Stronger ones are needed)

If you read up on the very few health studies that have been done you would know that there have been serious consequences found. You would also learn that researchers who found such results have had their reputations ruined.

If you truly understood the issue you would know that GM is abour controlling the food supply by patent holding Monsanto- not increased food supply.

Here is how it works - when one of their product's patent expires, as in Roundup, they develop seeds that require Roundup.
They have lots of products to go.

[winyanstaz]

34. If Monsanto's genetic material drifts over and contaminates another farmers field..

you would think that the farmer could sue Monsanto for contaminating his crops but this is not the case. After Monsanto's done letting their stuff get put into the farmers produce..they then turn around and sue the pants off the poor farmer and steal their land.
It's all about controlling ALL the worlds food supply. And they will destroy anyone that gets in their way.

[vincna]

10. A few questions and a few thoughts

I went to the website and read your writeup on the case. Did Tivette sign the Technology Agreement? If he did, then it appears to me that he agreed he would only use the seeds to raise crops and would not use the seeds for any other purpose. You did not post the terms of the agreement, but I would expect that the language of the agreement prohibited saving seeds and planting them. If that's true, then it appears your client breached the contract and may have some liability. Is Monsanto's action based on patent infringement, breach of contract or both?

I have no love for Monsanto, but I have a high respect for intellectual property. Monsanto invested millions, perhaps billions to develop the seeds and it seems to me that saving seeds and planting them denies Monsanto a fair return on their investment. In principle, I don't see much difference between pirating software or music and doing what Tivette did. Record companies get a bad rap for going after kids that distribute pirated music, but as an intellectual property lawyer, you know that is stealing. How is Tivette different?

[AndyfromNC]

11. A couple of answers and a couple of non-answers

First an answer, Trivette did sign a technology agreement, sans patents, and is sued for both breach of contract and infringment of two patents.

However, the way the contract is written, and the way it has to be written, is that if you don't infringe the patents, you don't breach the contract.

Basically, without putting our entire trial strategy on the internet, Monsanto lies to farmers in one set of documents about what the patents actually cover, and then one the other hand, gets farmers to sign the Technology agreement.

In the end, if Trivette is found liable for patent infringement, he will be found liable for breach of contract.

I agree with you in regards to the records, but this is really not a similar situation. Records don't replicate themselves, living organisms do.

There is a more full explination of what monsanto has done to get its patents and then how that is at odds with how they enforce them, and hoefully that truth will previal in August.

[vincna]

19. Now you've piqued my interest

If I understand your argument, you are claiming that Monsanto's patent only protected seeds that were created by the actual process of extracting DNA from a virus and incorporating that DNA into the seeds (let's call these first generation seeds). These seeds are different from ordinary seeds in that they are not affected by the Roundup used to control weeds and this difference has value to farmers because it greatly reduces the amount of effort required to control weeds. Your claim is that the patent is flawed because seeds that were produced by plants grown from first generation seeds (let's call them second generation seeds)are not covered by the patent. You might be correct on a technicality, but I'm struggling with the equity of your argument for these reasons:
1.) The second generation seeds are identical to first generation seeds and possess the same valuable property.
2.) The second generation seeds could not be produced without patented first generation seeds.
3.) Unrestricted replication of Monsanto's patented seeds would destroy the value of their intellectual property
4.) Monsanto can't prevent the first generation seeds from self-replicating, so it appears the only way they can protect themselves is through the Technology Agreement.

I'll bet that Monsanto's argument will be along the above lines and it will be interesting to see how a jury decides.

If your argument stands, it would be hugely embarrassing to Monsanto's patent attorneys because they would have lost because of an obvious gap in protecting their investment. Is it possible to patent genetically modified organisms that are capable of reproduction (the first generation seeds)so that their progeny (the second generation seeds)are covered? If so, did Monsanto just blow it? Genetically modified organisms are not new, so there have to be precedents on this sort of thing. Without tipping your hand, how about some background.

[JohnyCanuck]

31. At least Europeans are waking up and smelling the cofffee.

Europe's Uprising Against GMOs and Patents on Life

The recent call for a moratorium on GMOs in Europe <1> (see Europe Holds the Key to a GM-Free World, 5th Conference of GM-Free Regions, Food & Democracy, SiS 43) reflects an unstoppable groundswell of opposition to GMOs from both European citizens and governments.

An online poll <2> on the question: “Should GMOs be banned in Europe?” conducted in April 2009 returned a 79 percent yes, 18 percent no and 3 percent don’t know. Days earlier, Germany outlawed the cultivation of Monsanto’s GM maize MON810, a surprising move that delighted campaigners. Germany became the sixth EU country to introduce a provisional ban on the GM maize, after France, Austria, Hungary, Luxembourg and Greece <3>. A source close to the EC said the German ban might bring a revision of the European legislation on GM crops. Germany also voted with the majority in March when the European Commission (EC) attempted to force Austria and Hungary to reverse their bans, and its ruling was overturned by a big majority <1>.

Continued here: http://www.i-sis.org.uk/EuropesUprisingAgainstGMOs.php

On edit: Sorry, this was meant to be a response to the OP, not to vincna's post.

[emsimon33]

33. If your client were smart, he would never have planted that poison

Farmers need to just say no. Consumers do not want GMO crops. I hate Montsanto but I hate GMO crops even more.

[fair trade soy chai]

13. Oh my God...What exactly is the claim of copyright infringement?

Did they DARE use seeds which were not GMOd by Monsanto (or, as I refer to them, 'my Satan')?

I saw a documentary with 'seed' in the title about that despicable organization and it scared the hell out of me. Good for you to defend these people; it is truly wicked what they are doing to our agriculture, as well as the world's. I believe that they are behind the problems with corn in Mexico, are they not? They were having bad crops, there was a shortage, prices skyrocketed and the people were having trouble affording their chief staple.

[windoe]

16. Godspeed to you, and thank you for taking this case.

You have right on your side, for sure. This is a perfect place to post, along with herbalist sites, farming sites, who knows you could go international and get a lot of financial support, a lot of networking in a short amount of time, perhaps this is what you have already done.
I am a student,not much moula, but full of ideas--may this case be won and won big!!!! Wish I could help.

:hi:

[MasonJar]

17. I tried three times to send you a small donation on the link, but it could

not read my amount so I will forward a check. Anyone else have this problem? Thanks for what you are doing. I hope for all our sakes you win. How in the world did anyone get a patent on seeds? Al Gore explains in his environmental masterpiece, Earth in the Balance, that only a few regions have the seeds that have fed the world. One of those areas of course was the Fertile Crescent, where the assinine GWB allowed Monsantto to take over and deny the farmers the right to save and reuse their seeds as they have for a 1000+ years.

[unapatriciated]

25. yes , you have to put in the amount and verify it....

then you continue with your credit card information.

[supernova]

20. Andy, consider posting this in General Discussion

when you get a chance. There will be A LOT more traffic there. Many at DU share your concerns about Monsanto and would be willing to help your client.

From a fellow Tarheel, you're doing a fabulous job!

GD: http://www.democraticunderground.com/discuss/duboard.php?az=show_topics&forum=389

[hangman86]

21. Oh man! My dad used to work for them.

Damn!:puke:

[ecoalex51]

22. Tell NPR to stop the Monsanto lies

Tell American Public Media to Stop Letting Monsanto Leverage Its Reputation!
If you listen to NPR stations that carry the program Marketplace, you've probably heard the 12 second ad that Monsanto has been running that says:
Marketplace is supported by Monsanto, committed to sustainable agriculture, creating hybrid and biotech seeds designed to increase crop yields and conserve natural resources. Learn more at ProduceMoreConserveMore.com.

Go here to tell NPR to stop the lie ads from Monsanto;

http://capwiz.com/grassrootsnetroots/issues/alert/?alertid=13418576

[BonnieJW]

45. I know!

I hear that every morning and I was to slam them. They make themselves sound like the saviors of the world rather than the evil sheisters they are.

[unapatriciated]

24. I have known about Monsanto for years....

they devastate third world farmers by selling genetically modified seeds that keep them dependent on Monsanto.
Donated what I could, thank you for fighting them.

[a la izquierda]

40. +1

[defendandprotect]

26. War by Monsanto -- Food by Monsanto -- !!!

They call the FDA . . . "Monsanto's FDA" ...

Monsanto is another prime example of criminal capitalism --

it's another clear reason why corporations are a threat to humanity and the planet.

And why corporations need to be folded -- in fact capitalism needs to be ended.

[NEOBuckeye]

28. You guys are awesome!

Do you realize how refreshing it is to see people standing up to Monsanto and fighting back against them? If ever there were a case to be made for forced and unconditional liquidation of a corporate entity, they are the poster child. Monsanto may very well be the most insidious corporation currently in existence upon this planet.

I don't believe in hell, but maybe they'll have to make a warm place just for sickos like these guys, who have the gall to threaten the very food supply itself in the name of greed.

I'd definitely donate to you if I could. If I ever hit the lottery, I will write you a check. Until then, you have my moral support and prayers. :-)

[Joe the Liberal]

29. k&r.....

I hope they win the case against Monsanto.

[Mithreal]

30. K&R nt

[progressoid]

32. Hasn't Monsanto wons similar cases in the past?

While I would love to see them smacked down, I'm skeptical that it will happen.

[AndyfromNC]

43. True enough.

Monsanto has indeed won similar cases in the past. However, judges in the past have given Monsanto more favorable rulings on certain motions than they recieved in our case. By not losing certain motions, we will get to put certain issues before the jury that other defendants did get to challenge. However, it is still very much an uphill battle, and in fact, I will tell you that Monsanto is the odd-on favorite to win this trial.

However, that doesn't mean that we shouldn't fight. Also, there enourmous legal team has already made critical mistakes, and it is entirely possible that moer mistakes will follow. Their legal team is very skilled, but they are not infallible. I have seen a statement attributed to Cicero that says to the effect "Sometimes you must start a battle beofre you see how to win it."

I want to express my deep gratitue for all the support, financial and moral.

Best regards all.

[ColbertWatcher]

35. k+r for the good fight! n/t

[livefreest]

36. definitely going to try to donate. anything that could harm monsanto is music to my ears

[Seldona]

39. Kicked and highly recomended.

Can't donate at the moment, but wishing you all the best. I really feel for these small farmers who DON'T sign anything or plant anything Monsanto, and still get sued. It should be the other way around. I would consider that contamination of fields I owned.

[a la izquierda]

41. I can only offer moral support

I'm a dirt poor grad student. But good luck!

I first really learned about Monsanto from a song by the band Anti-Flag. Evil mo-fos...

[Ilovevermont]

42. Whether or not we are alarmed at new evidence from scientific studies

showing that there may be long term health effects from GMO foods, the biggest threat is allowing any corporation to "own" the world's food. GMO seeds and the food they produce have already driven out small farmers and narrowed choice. Left to their greedy ways, Monsanto will soon own the world's food supply. If we think there is starvation and suffering now, wait until one corporation gets to say who does and does not survive. Those who control the food and water control the world.
No wars needed. We need to wake up and fast. Most people do not know that a huge percentage of the food they are eating is from GMO seeds, especially agribusiness corn, soy, rice, and tomatoes. A good reference here is Seeds of Deception, Jeffrey M. Smith.
Not much money, but I am sending a check for $25 in the mail today and then going out to plant the rest of my organic garden, where I can still save seeds without being sued for exercising a really basic human right.

[vincna]

48. That is not what this case is about

It's about intellectual property. Forget Monsanto for a minute, corporations spend billions to develop better drugs, better seeds, better technology, better everything. They need to protect the rights to use the improved item to recover their investment. If the ability to do that is destroyed, so is the incentive to do development work that might solve any one of the thousands of serious problems we have in the world today.

If Trivette wanted to save seeds, why didn't he plant ordinary seeds? You probably do.

[barbtries]

44. i was too late to rec this

but i will kick it, and the Trivettes will be today's mitzvah. i can't give a lot but i can give a little.

here's a link to the vanity fair article: http://www.vanityfair.com/politics/features/2008/05/monsanto200805

i highly recommend that anyone who is not familiar with monsanto's slash and burn take no prisoners modus operandi read this article. it was an eye-opener for me.

if there are any corporations that are worse than monsanto they could only be the ones who are privatizing water. the air itself cannot be far behind.

please keep us posted on the outcome of your trial. if justice exists you will prevail. i don't know how these corporate tools and bastards sleep.

[barbtries]

46. i blogged your webpage

and put it on my facebook too. please do keep us informed how it all turns out.

[sunwyn]

47. Anyone who has not seen "The Future of Food" I suggest you go watch it now.

I live in Butler Co, Ohio where Monsanto's first genetically modified seed was planted. There are several Monsanto facilities here. They own the farmers here.

[AndyfromNC]

49. NEWS.

There has been a development in Mr. Trivette's case. Yesterday, during court ordered mediation, Mr. Trivette decided to settle the matter with Monsanto.

The terms of the settlement are completely confidential, so I can not entertain any questions on the matter without great risk to Mr. Trivette, which I will not do.

I greatly appreciate the financial, investigatory, and moral support we recieved.

As to the people who made donations: Jim will be e-mailing each of you individually. Since the donations were for travel expenses for going to trial, we are going to give each person the option of getting their donation refunded, or applying it ot the cost of the mediator. The court order required Bob to bear half the cost of the $400 hr mediator.

As to Monsanto in general. Our firm is continuing other litigation against the corporation, and we stand willing to aid any farmers who are sued for patent infringement on these patents. Please feel free to refer any attorneys representing these cases to our website, www.harringtonpractice.com.

Thank you all again, and best regards,

Andy

[Nathanael]

52. Keep on doing the good work

Thanks for the post and the information, Andy. It is my sincere hope that your continue on with your other litigation against Monsanto. Somebody needs to make these multinational corporations accountable and stop their injustices.

[biermeister]

50. thanks for the info-

I'll keep a eye on the trial, good luck.
I sent in a couple of bucks. It was the least I could do considering how much I loathe Monsanto.

[Quantess]

53. I missed this thread when it was posted.

Still good information here.