You can't criticize one pseudoscience when supporting another.

[mike_c]

84. Percy Schmeiser purposefully infringed and Monsanto still did not "act as a bully...."

As established in the original Federal Court trial decision, Percy Schmeiser, a canola breeder and grower in Bruno, Saskatchewan, first discovered Roundup-resistant canola in his crops in 1997. He had used Roundup herbicide to clear weeds around power poles and in ditches adjacent to a public road running beside one of his fields, and noticed that some of the canola which had been sprayed had survived. Schmeiser then performed a test by applying Roundup to an additional 3 acres (12,000 m2) to 4 acres (16,000 m2) of the same field. He found that 60% of the canola plants survived. At harvest time, Schmeiser instructed a farmhand to harvest the test field. That seed was stored separately from the rest of the harvest, and used the next year to seed approximately 1,000 acres (4 km²) of canola.

(This was where Schmeiser intentionally infringed. He deliberately planted 1000 acres of patented seed without paying the license fee. The Canadian Supreme Court agreed. --MC)

(snip)

All claims relating to Roundup Ready canola in Schmeiser's 1997 canola crop were dropped prior to trial and the court only considered the canola in Schmeiser's 1998 fields. Regarding his 1998 crop, Schmeiser did not put forward any defence of accidental contamination. The evidence showed that the level of Roundup Ready canola in Mr. Schmeiser's 1998 fields was 95-98% (See paragraph 53 of the trial ruling). Evidence was presented indicating that such a level of purity could not occur by accidental means. On the basis of this the court found that Schmeiser had either known "or ought to have known" that he had planted Roundup Ready canola in 1998. Given this, the question of whether the canola in his fields in 1997 arrived there accidentally was ruled to be irrelevant. Nonetheless, at trial, Monsanto was able to present evidence sufficient to persuade the Court that Roundup Ready canola had probably not appeared in Schmeiser's 1997 field by such accidental means (paragraph 118[4]). The court said it was persuaded "on the balance of probabilities" (the standard of proof in civil cases, meaning "more probable than not" i.e. strictly greater than 50% probability) that the Roundup Ready canola in Mr. Schmeiser's 1997 field had not arrived there by any of the accidental means, such as spillage from a truck or pollen travelling on the wind, that Mr. Schmeiser had proposed.

(snip)

The Federal Court of Appeal in particular stressed the importance of the finding that Schmeiser had knowingly used the seed, in their decision to find Schmeiser in infringement of the patent, and noted that in a case of accidental contamination or a case where the farmer knew of the presence of the gene but took no action to increase its prevalence in his crop, a different ruling could be possible (see paragraphs 55-58 of the appeal ruling[18]). No damages were assessed against Percy Schmeiser, the private individual. Only Mr. Schmeiser's farming corporation, Schmeiser Enterprises Ltd., was held liable, as Mr. Schmeiser had acted in his capacity as director of the corporation.

(snip)

On May 21, 2004, the Supreme Court ruled 5-4 in favor of Monsanto. Schmeiser won a partial victory, where the court held that he did not have to pay Monsanto his profits from his 1998 crop, since the presence of the gene in his crops had not afforded him any advantage and he had made no profits on the crop that were attributable to the invention. The amount of profits at stake was relatively small, C$19,832; however, by not having to pay damages, Schmeiser was also saved from having to pay Monsanto's legal bills, which amounted to several hundred thousand dollars and exceeded his own.

(Emphasis added. Note too that Monsanto did NOT go after Schmeiser personally for infringement, although he was clearly personally responsible, but rather sued his CORPORATION, and that even that did not pay any damages in the end. All Monsanto sought to do, and all it did, was protect its patent. It spent hundreds of thousands of dollars to do so, and received no damages in return, contrary to the horror stories told on many anti-GMO web sites. --MC)

more @link: http://en.wikipedia.org/wiki/Monsanto_Canada_Inc_v_Schmeiser