> As a farmer with experience growing roundup-ready crops: In order to obtain roundup-ready seeds you have to sign a contract with the vender. In said agreement, you agree to not do such things.
The farmer had not entered into any contract with anyone, that is the point. It's not his fault if pollen from his neighbor's field entered his field, even if they contained "patented" technology.
If you are referring to a case where litigation was executed under the terms of patent contract, the farmer – being a member of the public who grants such patents – has still entered into a contract by virtue of choosing to be a member of the public who has agreed that patent contracts are desirable to issue. The public had no obligation to issue the patent, but chose to. The farmer need not be a member of that public, but chose to be.
Then, without a license, he had no right to exploit the patented technology. The farmer acted in a way that showed a knowing and deliberate exploitation of the patented technology. There seems to be a disconnect here, but I'm not seeing it. Can you help me with what I've missed?
This thread is going in circles. As mentioned a few comments ago, it's clearly not the case that the technology "blown onto your land by the wind". The farmer was intentionally engaging in artificial selection to get plants with roundup ready traits. I can be sympathetic to the claim that a patented program magically appeared on your computer because of random bit-flips, but I can't be sympathetic if you deliberately set up a system to generate bit-flips on your computer in a specific way so as to produce the desired program.
And note that this farmer would not have successfully obtained glyphosate resistant plants just by spraying his field, in the absence of the contamination. If it were that easy, GMOs wouldn't have been necessary in the first place.
The farmer had not entered into any contract with anyone, that is the point. It's not his fault if pollen from his neighbor's field entered his field, even if they contained "patented" technology.