Open Source (Seeds) Under Threat

Seeds might seem far from the world of high tech and free software, but they have much in common. Seeds contain DNA, which is a (quaternary) digital code much like a binary program. Just as there is free software that anyone may use and share, there are free seeds - those that are part of the ancient seeds commons, created over thousands of years, available for use by anyone. And just as free software is threatened by software patents, so seeds are equally endangered by seed patents.

On Open Enterprise blog.

Africa's Ancient Plant Diversity And Seed Independence Under Threat, Supposedly In The Name Of Progress

As Africa continues to develop rapidly, Western countries and companies are increasingly interested in bringing it into existing international legal and commercial frameworks, but always on terms that maintain their dominance. One way of doing that is through intellectual monopolies: last year we wrote about proposals for a Pan-Africa Intellectual Property Organization (PAIPO), whose benefits for Africa seem dubious. Meanwhile, here's another plan that is being presented as a vital part of Africa's modernization process, and yet oddly enough seems to benefit giant Western companies most, as AllAfrica reports: 

On Techdirt.

How Big Agribusiness Is Heading Off The Threat From Seed Generics -- And Failing To Keep The Patent Bargain

Recently we wrote about how pharmaceutical companies use "evergreening" to extend their control over drugs as the patents expire. But this is also an issue for the world of agribusiness: a number of key patents, particularly for traits of genetically-engineered (GE) organisms, will be entering the public domain soon, and leading companies like Bayer, BASF, Dow, DuPont, Monsanto and Syngenta are naturally coming up with their own "evergreening" methods. 

On Techdirt.

Please Help Save Open Source Seeds Now

Seeds have much in common with code.  Indeed, I wrote an entire book about how genomics parallels the world of software.  In particular, they suffer from the same problem: patents.  Patents give control over key technologies, which makes the corresponding commons even more valuable for the freedom it offers.

And alongside open source code, there are open source seeds.  These are those that have been developed over thousands of years by nameless farmers, and are owned by no one.  Anyone can sell them, or use them to develop new seeds.  They form part of humanity's greatest heritage.  And yet an ill-advised European regulation threats to consign open source seeds to the dustbin of history.

I've written a detailed explanation of what the issues are over on Techdirt.  Here I'd like to concentrate on what we can do about it.  Basically, we need to contact the European Commissioners before Monday, asking them not to take this step.  Here are their email addresses:

Viviane.Reding@ec.europa.eu, joaquin.almunia@ec.europa.eu, Siim.Kallas@ec.europa.eu, Neelie.Kroes@ec.europa.eu, Antonio.Tajani@ec.europa.eu, Maros.sefcovic@ec.europa.eu, Olli.Rehn@ec.europa.eu, Janez.Potocnik@ec.europa.eu, Andris.Piebalgs@ec.europa.eu, Michel.Barnier@ec.europa.eu, Androulla.Vassiliou@ec.europa.eu, Algirdas.semeta@ec.europa.eu, karel.de-gucht@ec.europa.eu, Maire.Geoghegan-Quinn@ec.europa.eu, Janusz.Lewandowski@ec.europa.eu, Maria.Damanaki@ec.europa.eu, Kristalina.Georgieva@ec.europa.eu, Johannes.Hahn@ec.europa.eu, Connie.Hedegaard@ec.europa.eu, stefan.Fule@ec.europa.eu, Laszlo.Andor@ec.europa.eu, Cecilia.Malmstrom@ec.europa.eu, Dacian.Ciolos@ec.europa.eu, Tonio.Borg@ec.europa.eu

I'm sorry for the extremely short notice, but I found out about this just a few weeks ago, and have been trying to get my head around what is really going on.  Basically, this would give control of Europe's food supply to the multinational giants like Monsanto, and ensure that our food is increasingly "owned" through the presence of patents.  That's insane for the reasons that I note below.

Here's what I've sent off:

I am writing to you to urge you to object to the regulation of the licensing and sale of seeds, which I believe you will consider next week. 

Although I appreciate that the impulse behind this was laudable enough – to ensure that plant material that is available in the EU is safe, and that problems can be tracked back to their source – the way it is being implemented seems fraught with problems. 

First, there is the huge bureaucratic burden that is being imposed upon seed suppliers. These will fall especially hard on small and medium-sized enterprises, a group that I know you are keen to promote.

Perhaps even worse, it will mean that thousands of ancient varieties that are unencumbered and in the public domain will never be registered or certified, and thus will fall out of use. That is a terrible loss of thousands of years of European culture – civilisation was built on seeds, which made cities and all that they bring possible. 

That will result in a loss of diversity at a time when European agriculture is facing unprecedented challenges thanks to climate change. The seed licensing proposals make it likely that fewer, less varied seeds will be used; this will make food supply in Europe far less resilient, and more vulnerable to diseases. It will also make European farmers dependent on a small group of large seed suppliers who will be able to exercise oligopoly power with all that this implies for pricing and control. 

Finally, these changes will result in tens of millions of ordinary citizens across Europe – the ones who delight in the simple pleasures of gardening – finding themselves limited in the seeds that they can buy and sow. At the very least this is likely to lead to an increasing disillusionment with the European project, something that we all would wish to avoid at a time when many are expressing their doubts on this score. 

In summary, I ask you to reject the regulation in its current form, and to insist that it be modified to allow Europe ancient seed heritage to be preserved and enjoyed by future generations, and to ensure that European agriculture remains strong and independent.   

 Please help if you can: this is important.

No Patents on Seeds...or We're Really Stuffed

Good to see that I'm not a lone voice crying in the wilderness:

The continuing patenting of seeds, conventional plant varieties and animal species leads to far-reaching expropriations of farmers and breeders: farmers are deprived of their rights to save their seeds, and breeders are under strong limitations to use the patented seeds freely for further breeding. The patent holder controlls the sale of the seeds and the planting, decides about the use of herbicides and can even collect royalties at the harvest – up to the finished food product.

Our food security is increasingly dependent on a few transnational chemical and biotechnological companies.

The European Patent Office (EPO) has continuasly broadened the scope of patentability and undermined existing restrictions, in the interest of multinational companies.

Allthough plant varieties and animal species are by law exempt from patentability several hundret patents on genetically modified plants have been granted already. Basis for these decissions is the highly controversial EU Biotech Patents directive and a decission by the EPO's Enlarged Board of Appeal, which ruled in 1999 that in principle such patents could be granted.

Now the European Patent Office again has to deal with a basic question: Patents on conventional plants and animals!

The Enlarged Board of Appeal of the EPO will use a patent on broccoli (EP 1069819) for a fundamental ruling, on whether or not conventional plants are patentable. The broccoli in question was merely diagnosed using marker assisted breeding methods to identify its natural occuring genes. The genes were not modified. All other broccoli plants with similar genes are considered as "technical inventions“ by the patent. Thus even their use for breeding and the plants themselves are monopolised. Through this the provision which prohibits the patenting of "essentially biological proceses" is to be undermined. The EPO has already granted similar patents: e.g.: only recently the company Enza Zaden Beheer received a patents on pathogene resitant lettuce ( EP1179089B1)

Should the Enlarged Board of Appeal uphold the patent, then this decission (case T0083/05) will be binding for all other pending patent applications and even for animals and their offspring.

This exactly parallels the situation with software patents, where the EPO is using every trick in the book to approve them; except it's even worse.

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Open Source Disaster Preparation

Another thought-provoking post from Jamais Cascio:

In fact, the Book & Seed Vault may prove to function better as a model and instructions than as an actual vault. We'd need more than one site for any kind of disaster recovery system to be truly useful; we have to assume that many of the eventual locations will be unavailable, so the more the better. The right scale for something like this is probably the "community" -- a bit bigger than your neighborhood, but smaller than a city.

Think of it as open-source disaster prep -- a site and set of resources offering detailed instructions (which can be updated by the users, of course) showing you how to build a recovery vault for your community. What are the physical specs for the facility? Which seeds are appropriate for your regional climate? What are the key instruction manuals and guidebooks to include? How best to store and protect the vault's contents? I could see this done as a wiki and mailing list, probably with some YouTube videos demonstrating various techniques for proper seed and book storage.