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by wtallis
2935 days ago
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> I'm not totally sure what's objectionable about this ruling. The original buyers explicitly agreed to the license. The mere idea that you can license seeds is highly objectionable and seems very likely to be against the public interest. Even if intellectual property laws apply, the concepts of exhaustion and first sale doctrine should apply. |
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I agree that exhaustion and first sale doctrines should apply for Monsanto seeds, but I don't think that either of those doctrines are applicable to the Bowman v. Monsanto case.
Exhaustion or first sale would apply only to the first copy; i.e., if Bowman had purchased a seed from Monsanto and then resold that same seed to someone else.
But neither would apply to the next generation of seeds, just like exhaustion and first sale don't give you the right to sell N>1 copies of a single purchased mp3.