GM Oilseeded Rape Case Study

“For more than four decades, Canadian farmer Percy Schmeiser cultivated and harvested “oilseed rape” (Goldsmith). Normally, he planted one year’s product obtained by “seeds” he used and preserved via the bounty of the year before (Goldsmith).” “Global giant Monsanto sued Schmeiser in 1998 when its detectives discovered some of its GM oilseed rape amongst Schmeiser’s crop (Goldsmith). “Monsanto accused Schmeiser of moving in on its copyright on the seed, and also went so far as to insinuate “that” Schmeiser had procured the “seed” by illegal means, i.e. stealing it (Goldsmith).”

“Later, Monsanto declared “that” even if Schmeiser had retrieved the seeds legally, it was irrelevant (Goldsmith).” The thing that did matter, however, is that it “had” seen a number “of its canola plants along” (not in) Schmeiser’s plantation (Goldsmith). Montanto won the case, with the court agreeing that it was irrelevant where the seed came from, but what mattered was that Schmeiser had infringed upon Monsanto’s

“From that point on, “farmers” all needed to “sign” a “Technology Use Agreement (TUA),” a contract which states that one is not allowed to “use” their “own seeds,” “must” purchase “seeds” and “chemicals” only from Monsanto, must “sign a non-disclosure statement,” must allow Monsanto’s investigators on their “land,” and must pay a “$15” fee per “acre (Goldsmith).”

“What this “lawsuit” essentially comes “down to” is “stealing versus trespassing (Elliott).” The legal term is trespass ab initio—which means trespass from the beginning—and occurs when a person is given permission by law to enter land, and subsequently commits an act that is an abuse of that authority (Elliott).” “The authority is cancelled retrospectively and the entry is deemed to have been a trespass from the beginning (Elliott).”

“Mansanto is allowed to force Schmeiser into burning his seeds, ruining them in a different way, or giving them the seeds along with the money he makes from them