Here's the problem: A case - Bowman v. Monsanto Company - is now before the U.S. Supreme Court, in which the court must decide whether Farmer Bowman was wrong to have saved and re-used soybean seeds. Seeds that Monsanto had engineered to be resistant to the Round-up herbicide (also made by Monsanto). This is what Farmer Bowman did: he bought the soybean seeds from an aftermarket grain elevator, not from Monsanto. But then he planted the variety, sprayed the crop with the herbicide and saved the ones that were left standing for planting later. Monsanto requires that farmers who buy this seed also sign a contract saying that they can't save any harvested seeds for replanting, buying their next season's seed only from Monsanto. The company is arguing that the farmer infringed their intellectual property ownership rights in sowing, harvesting and replanting seeds that contained their weedkiller resistant formula. The farmer is arguing that in turning it's unsold seeds over to the grain elevator for sale as feed, Monsanto had abandoned its claim to the seeds' properties.
When the farmer's lawyer responded to the justices' questions about intellectual property protection with a suggestion that Contract, not Patent Law, should protect the intellectual property, Justice Elena Kagan remarked "all that has to happen is that one seed escapes the web of these contracts, and that seed, because it can self-replicate in the way that it can, essentially makes all the contracts worthless."
And here a term appears that is heard repeatedly in the arguments by Monsanto, (which is favoured by the US Administration): self-replicate. Since when do soybean seed's self replicate entirely on their own? Since when does any seed self-replicate unassisted? They all need the miracle of life, growth and replication provided by Mother Nature. Monsanto may own its patents to weedkiller and anti-weedkiller formulas, but it will never own the miracle of life. The justices, Monsanto's supporters and even the administration seem to fear that a victory for the farmer would be the end of free enterprise as we know it. Fear not good judges - it might be the end of companies like Monsanto fraudulently claiming that they have appropriated the miracle of life. They own the miracle of life as much as Mr. Ponzi owned the miracle of financial growth.
So back off, Monsanto. And please, don't give Mother Nature another reason to punish us earthlings.
Jacob Bronowski, Ascent of Man, BBC, London, 1973, pp. 65-69.