Monday, January 31, 2011

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Dragging Monsanto To Justice

posted by Laetitia Mailhes Jan 30, 2011 2:09 pm
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Dan Ravicher travelled especially from New York this week in order to meet with the Eco-Farm Conference attendees and to present the four legal arguments that PUBPAT intends to make to the judge:

1/ Monsanto's patents are invalid

By law, patents must be new, non-obvious and useful. Not only are GMOs not useful, but they are harmful for public health, the environment and society. Moreover, they are obvious since they derive from gene sequencing.

2/ Monsanto's patents are not infringed

There is no intention on behalf of contaminated farmers to infringe patents. In facts, contamination causes damage to them.

3/ Monsanto's patents are not enforceable

If both previous arguments fail and patents are still admitted by the judge as being valid and infringed, PUBPAT intend to demonstrate that they are not enforceable because they are being misused to gain undue control over the market. PUBPAT will have to demonstrate that Monsanto knew that their seeds would contaminate fields and push out competitive crops.

4/ Monsanto is not entitled to any remedy

Finally, no remedy is required because Monsanto has not lost a sale in the case of a field contamination. Consequently, it is not entitled to a penny of damages.

Only one argument needs to be successful for the case to be won. Conversely, Monsanto needs to win all four arguments to win the case. "Our goal is to prevent Monsanto from suing farmers. Beyond that, we fully intend to take advantage of the trial to expose Monsanto's practices and educate everybody about the many issues connected to its business and its strategy", Dan Ravicher said in Pacific Grove. The full process is expected to take three to six years.

PUBPAT intends to file the case in New York City within two months on behalf of two dozen plaintiffs (individual farmers and organizations that represent their interests). Dan Ravicher, who had also come to the Eco-Farm Conference in order to recruit candidates to fill in the ranks of the plaintiffs, witnesses and amici (people not involved in the case but who will be impacted by the outcome), found an especially receptive audience in the wake of the GM alfalfa announcement. Farmers and activists lined up behind the microphone to offer their support and, in many cases, their participation to the legal proceedings.

Laetitia Mailhes is a French journalist. After many years as the technology and innovation correspondent of the French "Financial Times" in San Francisco, she recently decided to focus on what truly matters to her: sustainable food and farming. Her blog, The Green Plate Blog, launched last summer.
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Sarah n.

http://www.care2.com/greenliving/judge-bans-gentically-modified-beets.html#comment-1617397

why is this inappropriate?
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Kathy M.

Having technical difficulties posting.. will try again:

I haven't been able to figure out yet whether Obama is part of the "evil fascist elite" (I think the term is more apropos than something more euphemistic or politically correct) - or whether he is just making the decisions he does because he's under their thumb and has no choice.

Either way, I am so sick of those S.O.B.'s doing one thing after another to destroy people, animals, society, and the planet... while we sit back and take it because we have a farce of a voting system that assures a steady supply of sociopaths in our Legislative, Judicial, and Executive branches of government no matter which of the two jokes, er, I mean parties, they belong to!

Monsanto is part of the "Cabal" - lock, stock and barrel! They are Nazis, not just a corporation, and every Administration we have had since before WWII has catered to them.

The control that that ilk has over humanity, with their secrets and secret technology, and decision makers in government and every field of importance, might be too much to take on directly at this late date. But we can appeal to God to do what we haven't been able to do so far - give us our world back and render the dark ones impotent!

Meanwhile, we must do everything we can to bring love, kindness, and proactive change to the world, and to each other. The more Light we bring - the harder it will be for the Dark to hang on! The Times, They Are A Changin'!

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Kathy M.

I haven't been able to figure out yet whether Obama is part of the "evil fascist elite" (I think the term is more apropos than something more euphemistic or politically correct) - or whether he is just making the decisions he does because he's under their thumb and has no choice.

Either way, I am so sick of those S.O.B.'s doing one thing after another to destroy people, animals, society, and the planet... while we sit back and take it because we have a farce of a voting system that assures a steady supply of sociopaths in our Legislative, Judicial, and Executive branches of government no matter which of the two jokes, er, I mean parties, they belong to!

Monsanto is part of the "Cabal" - lock, stock and barrel! They are Nazis, not just a corporation, and every Administration we have had since before WWII has catered to them.

The control that that ilk has over humanity, with their secrets and secret technology, and decision makers in government and every field of importance, might be too much to take on directly at this late date. But we can appeal to God to do what we haven't been able to do so far - give us our world back and render the dark ones impotent!

Meanwhile, we must do everything we can to bring love, kindness, and proactive change to the world, and to each other. The more Light we bring - the harder it will be for the Dark to hang on! The Times, They Are A Changin'!

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Charlene K.

This crop will polllute all other crops. Monsanto has already destroyed many crops and we are all becoming science projects. This seems to be a subtle form of population control in the making.

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Jenny S.

Let's hope the farmers/anti-patent side win, cause Monsanto's money can buy a lot of consciences...

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Susan T.

These legal arguments are the light at the end of the tunnel - at least our best hope. Everybody please support these organizations bringing the legal actions! They are showing some serious cahones at a time when the larger corporate natural food entities are ready to compromise. Remember - there really is no compromise - it just means kicking the can down the road until these serious problems which have been pointed to start showing up in big numbers.

I love the patent invalidation idea. That would almost wipe Monsanto out. I am praying for it for the sake of all of us including mama earth.

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Sarah n.

Obama isn't a stupid man. But maybe he is a greedy man....?

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Sarah n.

Go here to send your disapproval to Obama (unfortunately for only USA)
http://ota.capwiz.com/ota/issues/alert/?alertid=24747501

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Storm Rise

Unbelievable. Once again the choice made weakens our health instead of strengthening us as a people. Our lifespan is already shorter that a good chunk of the Western World... let's just speed up our decline, shall we? Fail!

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Gloria Gieseke

Monsanto has blood on their hands. Farmers in India, to name just one country, under the allure of improving yields, have poisoned their land with Monsanto's herbicides, GM seeds and "fertilizers." In despair, tens of thousands have commited suicide, leaving their land and families poorer than ever.

Forest, water, animals and people are also being destroyed, wholesale, daily with the spraying of Round-up by air over millions of acres in Latinoamerica alone. Bloody hands indeed!
Shame on us for letting this genocide go on unstopped and unpunished.

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