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Not quite the same as holding seed back for next year's planting, but I always thought this ruling was wrong
I don't.
Farmers who paid for the technology (GMO seeds), brought their harvested soybeans to the elevator at year end, and sold them for use as feed, most likely. So did lots of farmers who did not plant GMO seeds. The guys growing GMO seeds had signed a contract that they wouldn't save their seeds.
He then bought these GMO and non-GMO mixed beans from the elevator, and planted these "bin-run seeds". Not an uncommon practice for non-hybrid crops like wheat or soybeans. Some of those seeds in the elevator would be Roundup Ready, some would not.
Had he simply grown those beans and harvested them, no one would give a crap.
Instead, he used the technology (Roundup) to intentionally select for beans that were GMO Roundup resistant. He sprayed Roundup, the non-GMO died, the GMO lived. He then selected those beans and replanted them to use the Roundup Ready technology without paying for it.
For those that don't know, something similar is in place for non-GMO crops. Say that A&M develops a new wheat variety, lets call it TAM77. They release it to seed companies, who grow it out, then sell it to farmers as TAM77. It will cost more, because the seed company pays a license fee to A&M.
As a farmer, I can save seed from that crop, and plant it back the next year. What I cannot do, is bag it up and sell it the next year to another farmer, as TAM77. I would be cheating A&M out of its license fee.
