How does Monsanto avoid this?
They sell you seeds. You can grow things with those seeds, but you cant plant the grown plants’ seeds.
Comment on Tesla will sue you for $50,000 if you try to resell your Cybertruck in the first year
TenderfootGungi@lemmy.world 1 year ago
How is this legal in the US given the first sale doctrine?
How does Monsanto avoid this?
They sell you seeds. You can grow things with those seeds, but you cant plant the grown plants’ seeds.
In that case, it’s a patented product that happens to reproduce itself as part of its normal operation.
In this case, it’s just shitty business behavior.
On the plus side, some of those patents have already expired.
It’s even worse than that. You can buy seeds from the market place have no agreement with Monsanto but can’t plant those seeds.
Exusia@lemmy.world 1 year ago
Ferrari has some similar bullshit, but you agree to it in a contract when you buy the car. If you refuse they simply don’t sell you the car.
(Ferrari chooses you, not the other way around)
jwt@programming.dev 1 year ago
Sure, question is of course: will they be able to do something about it if you agree to the terms and sell it anyway. I don’t think ‘breaking’ an agreement based on unlawful stipulations is actionable (ianal)
Exusia@lemmy.world 1 year ago
For Ferrari, if you break their stipulations, they put you on a blacklist and won’t sell you another ever again. I imagine it comes with some other stigmas from the community too. But much like real estate covenants if you agree to something in a contract, and then break it, you’re subject to civil action. In a Covenant, the contract holders are permitted to buy back your house and evict you.
fubo@lemmy.world 1 year ago
If I recall correctly, Ferrari being assholes is why Lamborghini isn’t just a tractor brand.
jwt@programming.dev 1 year ago
Yeah for the people in question (buying ferraris/teslas) that blacklisting part might be deterrence enough. Still, even in that real estate covenant construction you mention, that ‘something’ they stipulate cannot be unlawful I think.
ours@lemmy.world 1 year ago
Deadmau5 was threatened with a lawsuit over his “Purrari” Nyan cat livery.