I read through the decision, and it seems this to be the most telling part: "Thus a farmer whose field contains seed or plants originating from seed spilled into them, or blown as seed, in swaths from a neighbour's land or even growing from germination by pollen carried into his field from elsewhere by insects, birds, or by the wind, may own the seed or plants on his land even if he did not set about to plant them. He does not, however, own the right to the use of the patented gene, or of the seed or plant containing the patented gene or cell." It then goes on to state that the thing the defendant did wrong was using the plants that were accidentally planted on his land. In other words, the court seems to have decided that he should have destroyed the crops on his field after discovering that Monsanto's stuff had inadvertently been planted there. Now, I'm not going to say that Monsanto didn't have the laws on their side, because apparently they did, but to say those laws are right is another matter. Your assertion that the defendant was lying is kinda bold, as it implies he stole the seeds or had planted roudup ready canola and kept the seeds, when even the judge says (in paragraph 125) " That clearly is not Mr. Schmeiser's case in relation to his 1998 crop. I have found that he seeded that crop from seed saved in 1997 which he knew or ought to have known was Roundup tolerant, and samples of plants from that seed were found to contain the plaintiffs' patented claims for genes and cells. His infringement arises not simply from occasional or limited contamination of his Roundup susceptible canola by plants that are Roundup resistant. He planted his crop for 1998 with seed that he knew or ought to have known was Roundup tolerant." The farmer's concern (now confirmed by the decision) is that if Monsanto's crap blows onto your field is hosed, because though Monsanto may come and collect the errand plants, it's not like they glow in the dark and are easy to spot.
