I'd like to know how corporations can now actually trademark PLANTS -
THINGS THAT GROW - and SUE people who grow them.
To give an example... apparently if you try to get seed out of a
calibrachoa plant, OR plant separate cuttings of it, you can be sued
for copyright violation! Some corporation claims to have "invented"
the hybrid, so that means that no one but them is allowed to grow
For this reason, calibrachoa seed is ILLEGAL to buy in seed form, so
everyone misses out on being able to grow it.
How is it possible that such a ridiculous law can be enforced country
wide in the United States?
Protected plant varieties only cover asexual propagation. The growers
license doesn't say anything about seeds:
Calibrachoa doesn't produce many seeds; that's probably why the seeds are
If you develope a plant that you don't want me to grow from a seed, from a
cutting, from air layering, then develope it so I can't grow one.
Ever go to a website and even though it states that you can't copy and paste
the text or download a picture or at least without permission, you still do it?
Ever go to a website where wedding proofs are and even though it states that
you can't download a picture, you still do it?
Or at least you try to do it and a window opens saying you can't do it, and by
god you can't!
So this technology is available, if you don't want me to use text or a photo
then set it up so I can't. AOL has all their windows set so photos can't be
Probably it can't. So go ahead and propagate (plants I mean) just don't put
the info on a billboad. It's like the opium poppy issue, in a way--I've seen
them all over California, but they're quite legal to grow as long as you don't
use them to make opium.
Now to chase those dragons out...
Its licensing, money and greed by any other name.. Some countries seem
to be better at it than others.
You may find that some licensing applies only to propagation for
'commercial gain' though. At least that used to be the way it worked
here (UK) for what we call 'breeders rights' (more or less the
equivalent to "Propagation Rights".
Farmers can't legally save seeds from corn if the original was
purchased from Pioneer, et.al. In many corn belt states there are
lawsuits brought by the seed companies and there is pending state
legislation to help the farmers. But the states probably can't really
do anything about it because it involves interstate commerce and comes
under Federal jurisdiction. It appears the propagation prohibition
does not apply only to vegetative propagation as someone posted
It cant be enforced really, but people who spend time and money to come up with
new plants deserve to have the rights to those plants. Just like musicians
have the right to get payed for thier music. The laws concerning asexual
propagation are meant for growers, not homeowners. You can propagate anything
from the plants you already payed for as long as you arent selling them. Now,
if you are interested in rediculous laws, how can this country stop people from
growing and using for recreation plants that are found naturally growing in the
Somebody posted a link here or edibles with wheelbarrow full of Russian
tomato hybrids probably within a month or two ago.
As I understand it, musicians sign record contracts and the record company
pays them a set amount. The record company then sells the music at a fixed
price (that is until they got busted) and keeps the profits. So in
essence, people who download illegal mp3s are really ripping off the record
company, whose executives and share holders, let me tell you, worked really
hard to feed their families.
You only partially understand it. Just as an actor can be paid a
flat-rate for appearing in a movie, or get a percentage of the gross or
net, a musician can be paid any way they can negotiate. Acts that don't
expect to sell very much may be smart to take a flat-rate, and let the
record company take all the risk, but that's certainly not the way all
artists are paid. Even so, the people who work for the record companies
go to work each day to feed their families as well, and the stock
holders are risking their money. Your 401k or pension fund may even have
an investment in the music companies, so part of your money is being
However the point is that people involved in the production and
distribution of anything, including hybrid plants, should be allowed to
profit from their labors, and not be ripped-off by people who think it's
okay to steal just because there's a corporation involved. How the
profits are distributed among the people involved in the production and
distribution is irrelevant, and it's distasteful to hear people imply
that it's morally okay for them to rip-off people based on how they
understand the way the profits are divided.
I agree Warren. It is a matter of ethics and fair remuneration for efforts.
I am appalled by the amount of theft I see in our daily lives. But where as
Joe Citizen wouldn't take a dollar bill off a table, they would think it OK
to steal (download music), make illegal copies of software, or plagiarize
intellectual property. I don't get it!. I have written some good material
only to find that acquaintances had stripped off my name as author before
forwarding it to others or using it for their own interests. It surprises me
that so many gardeners (who I have assumed to be of superior character)
think that they have a 'right' to take cutting out of botanic gardens.
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