Healthy soil and sustainable growing

[su do <speakingbeareturns@yahoo.com>]

It's good to hear good news for once!
--- activism98201@verizon.net wrote:

> This is a big victory!
> 
> 
> -Mark Nagel
> Everett, WA
> 
> 
> Source:
>
http://www.naturalfoodsmerchandiser.com/asp/articleDisplay.asp?strArticleId=2804&strSite=NFMSite
> 
> Farmer Percy Schmeiser settles contamination battle
> with Monsanto
> Vicky Uhland
> 
> 
> 3/25/2008 3:37:32 PM
> 
> 
> Canadian canola farmer Percy Schmeiser, who has
> battled biotech company Monsanto for a decade, last
> week settled a lawsuit that he said will allow
> farmers with fields contaminated by Monsanto's
> genetically modified seed to get "compensation
> without giving up their freedom of speech or their
> future rights to sue."
> 
> Schmeiser, 77, has been involved in two lawsuits
> with Monsanto since 1998, after the company
> discovered its GM Roundup Ready canola seeds growing
> on Schmeiser's 1,400-acre Saskatchewan farm.
> Monsanto billed Schmeiser for unauthorized use of
> its seed, but Schmeiser claimed the seed drifted
> onto his fields from neighboring farms and passing
> trucks. In 2004, the Supreme Court of Canada ruled
> that Schmeiser violated Monsanto's patent by
> knowingly replanting and harvesting the GM seeds,
> but he didn't have to compensate Monsanto because
> his profits weren't affected by the Monsanto seeds.
> 
> In 2005, Schmeiser said he discovered GM canola
> growing in a 50-acre fallow field he was using for
> mustard research. He notified Monsanto, which agreed
> to remove the plants through its "unexpected
> volunteer response program," provided he sign a
> standard release form. But Schmeiser balked at two
> provisions he said were in the form: a "gag order"
> that would prevent him from talking about the seed
> cleanup, and a prohibition against suing Monsanto
> for any future contamination of the field.
> 
> "It said my wife, myself or any member of our family
> could never ever take Monsanto to court for the rest
> of our lives irregardless (sic) of how much they
> contaminated that field," Schmeiser said. "And we
> flatly refused to sign the gag order because we will
> never give our freedom of speech away to a
> corporation."
> 
> Monsanto Canada spokeswoman Trish Jordan said the
> form is "standard business practice" and that none
> of the farmers who have requested similar GM seed
> cleanups from Monsanto have ever "expressed any
> concerns" with the form. She also said the form
> doesn't state that "the person [who signs it] cannot
> sue us in subsequent years."
> 
> She provided a copy of the form, which reads: "The
> grower does hereby for himself and/or the
> corporation, his heirs, executors, partners, joint
> venturers, administrators, successors, affiliates,
> subsidiaries and assigns, release and forever
> discharge Monsanto Canada Inc., its affiliates,
> successors and assigns, and its officers, directors
> and employees, servants and agents (past, present
> and future) (hereinafter referred to as the
> "Releasees") from any and all actions, causes of
> action, suits, claims, demands and damages of
> whatever nature or kind for, upon or by reason of
> any damage or loss to person and/or property which
> has been or may be sustained in consequence of the
> purchase, use and or application of" whatever
> product Monsanto gives the farmer to get rid of the
> GM seeds or plants.
> 
> Schmeiser paid $660 to have the GM plants removed
> from his fields and then sued Monsanto in small
> claims court for the sum. Jordan said at a court
> case-management conference in 2007, Monsanto offered
> to revise its release form to meet Schmeiser's
> approval, but he declined. Schmeiser disagrees.
> Monsanto "refused to revise the conditions [in the
> form], and the court records would prove that," he
> said.
> 
> Schmeiser said he offered to settle the case a year
> later provided Monsanto write a new form that would
> allow him to discuss the case and sue Monsanto for
> any GM contamination of his field for any year other
> than 2005, when he discovered the contamination.
> Monsanto rewrote the form, and the case was settled
> March 19.
> 
> "It's a major breakthrough for farmers, giving them
> back their freedom of speech and their right to
> sue," Schmeiser said. "After 10 years of fighting
> Monsanto, this is a good way to end it." 
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>
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> 



      
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