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Citrus Growers Forum
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Citrus Growers v2.0
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babranch Citruholic
Joined: 06 Jan 2013 Posts: 42 Location: Manor, Georgia
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Posted: Fri 10 May, 2013 1:19 am |
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Millet wrote: | It is a little disconcerting that citrus varieties are coming out requiring royalties, contracts, and a censor who decides if certain people can or cannot "own" or even grow the tree, when the tree was developed by a public University. The very existence of the University is due to a lot, and I mean a lot, of taxes paid by American citizens. If it wasn't for the tax payers, the Universities would not be able to develop a single thing. - Millet |
Most of the money that these breeding programs receive no longer comes from taxpayer dollars. The taxpayer money goes to useless research, like why "Why humans don't eat their young" or "Why alcohol turns college students into idiots". The bulk of funds for breeding programs comes from royalties. Plant breeders at UF are fortunate enough to get about 85-90% of that money back into their programs. Other universities, like UGA, eat up most of the royalty money through bureaucracy. After the president, the dean of the college of ag, the dean of research, and the department get their hands on it then there is only about 5-10% of the original money left in the pool. UGA, for example, takes this pool of money and divides it up amongst all of the plant breeders. That's why universities like UF excel over most of the other land grant universities in terms of plant varieties released.
The exclusive contract part of the licensing is not necessarily to limit a homeowner from acquiring a plant, but to help in controlling who is propagating it. UF has done this with several other crops. With the blueberries it was needed. Five years ago there were over sixty licensed nurseries propagating patented blueberry varieties and about the same amount of unlicensed nurseries propagating illegally. When they released the last batch, initially there were only three (now about ten) nurseries licensed. Although it would seem like they were getting less royalty and license dollars, the opposite actually happened. They went from charging $250 for the license up to $1200, and the minimum royalty payment went from $250 up to $750 per year. They also required the nurseries to have the customers purchase a minimum of 100 plants and sign a non-propagation agreement. UF has also started trademarking varieties. I was told that this was done because it was easier to prosecute someone for trademark infringement than it was for patent infringement. |
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Darkman Citruholic
Joined: 20 Jul 2010 Posts: 966 Location: Pensacola Florida South of I-10 Zone 8b/9a
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Posted: Fri 10 May, 2013 2:13 am |
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Millet,
You, of course, are 100% right. The Sugar Belle will be superceded by the next newest and greatest but before then I'll be able to buy one at the local Box Store. I have several renowned citrus yet I still desire the better one. It truely is a sickness. I should be grateful and satisfied with what I have achieved in my short time that I have started to grow Citrus. I don't even have a reasonable spot to put it. I guess I'll wait. I'll still find out what I can from Ruth and report. _________________ Charles in Pensacola
Life - Some assembly required, As is no warranty, Batteries not included, Instructions shipped separately and are frequently wrong!
Kentucky Bourbon - It may not solve the problem but it helps to make it tolerable! |
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Radoslav Moderator
Joined: 03 May 2008 Posts: 453 Location: Slovak Republic
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Posted: Fri 10 May, 2013 3:26 am |
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All about this "rights reserved" is something not common in Europe. Only in past few years I see something like registered trademarks on some varieties. If I can speak about my country, noone realy cared about those things in the past. And I have never heard about someone persecuted, because he or she propagated something without permition. This is all about this " capitalism" , where everything is counted by money. In the past, to create a new variety was a honor and biggest price for breeder was popularity, that he created something new and interesting. |
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Darkman Citruholic
Joined: 20 Jul 2010 Posts: 966 Location: Pensacola Florida South of I-10 Zone 8b/9a
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Posted: Fri 10 May, 2013 10:20 am |
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Radoslav wrote: | All about this "rights reserved" is something not common in Europe. Only in past few years I see something like registered trademarks on some varieties. If I can speak about my country, noone realy cared about those things in the past. And I have never heard about someone persecuted, because he or she propagated something without permition. This is all about this "shitty capitalism" , where everything is counted by money. In the past, to create a new variety was a honor and biggest price for breeder was popularity, that he created something new and interesting. |
I'm not sure about the government in your country but if it is or recently was socialism then the concept of Capitalism may not have the same meaning as to someone raised in it. Money does RULE many people here whereas in other countries the level they achieve is predetermined pretty much by who their parents were or where they were born. Naturally personal achievement could bring about a certain lift above their "level" in society which may not have any monetary reward. The same accomplishments under Capitalism could bring wealth beyond any reason.
It's too bad there is not a "HAPPY" median but it is man's nature to be competitive. It is both his salvation and downfall. _________________ Charles in Pensacola
Life - Some assembly required, As is no warranty, Batteries not included, Instructions shipped separately and are frequently wrong!
Kentucky Bourbon - It may not solve the problem but it helps to make it tolerable! |
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hoosierquilt Site Admin
Joined: 25 Oct 2010 Posts: 970 Location: Vista, California USA
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Posted: Fri 10 May, 2013 11:47 am |
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You know, I don't usually participate in these sorts of politically-charged discussion, but I had to take exception to this one comment. Rad, I would respectfully disagree with your observation about "shitty capitalism". That "shitty capitalism" was what drew my grandparents and my relatives to both Canada and the USA from their respective European countries - the ability to have more opportunity, if they were willing to work hard. They had very little formal education, but they had their work ethic and their ingenuity and imagination. That's what copyrights and patents protect here - someone's intellectual creativity and for us here, then "property". That clever thought, invention, book, new plant cultivar, etc. can then be patented, allowing that person who invested their time, efforts, monies, and smarts to make a profit from their creation or invention. It is one of our foundations of our nation. My grandparents did very well for themselves, starting from extremely humble roots (that is code for "dirt poor"), to in some circumstances (my Italian grandmother), millionaires. My great-great uncle, Guglielmo Marconi was one of those people whose invention, the wireless telegraph, was protected by patents and copyrights, and he became very wealthy because he had a unique idea that no one else quite thought of. And, millions and millions of people benefited from his invention - it wasn't like he was the only one to gain enjoyment, benefit and an improved life from his inventions. I believe in the right to protect your invention or creation and enjoy the profits from it. You created, it should belong to you exclusively for a certain period of time.
Now, that said, the point Millet has made is a little different, and I agree with Millet. Some of our universities here in the United States are funded by public monies - our state university systems. Those educators, professors, researchers, etc. are essentially working for us, those of us that pay taxes, where a portion of those taxes go to support our state universities. They essentially "work for us", and thus, their research is not proprietary. The researcher, certainly, gives up any personal rights (it will be right in their work contract), and I feel the same as Millet, I do not believe that state university would have the right to copyright or patent their cultivars, as they're been developed on my dime. This does not follow with our concept of intellectual property rights here in the USA.
Lastly, I'm not an attorney, and I'm sure we've got some very able bodied attorneys on our forum who can set me straight, and explain how a state-funded university has the legal right to patent a cultivar they developed using my tax dollars. Our intellectual property rights & patent laws are complex, and even an attorney, if they do not specialize in this aspect of the law, will tell you, "it's complicated". I have worked closely with patent attorneys in my career, and I do have a little experience in this. But, I stand by our right here in the USA to the fundamental, constitutional right to "pursue happiness", and for us here in the USA, the right to reap the financial gain from your creation is one of those fundamental rights in the pursuit of happiness. It makes me proud to be an American to know I can create something, and the laws of my country will protect my creation or invention. _________________ Patty S.
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Millet Citruholic
Joined: 13 Nov 2005 Posts: 6657 Location: Colorado
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Posted: Fri 10 May, 2013 12:06 pm |
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babranch, thank you for your well informed posting. Even though UF breeding programs may not operate totally on public taxes, the University of Florida does by taking in millions and millions and even more millions of dollars in public money in order to exist. The breeding portion at UF exists because the University exist. I don't want to beat this subject to death, but rather to point out the elitism, the obstructionism, the selectivity, that this publicly tax funded University in its quest for profit has decided to use, by restricting its breeding results from the people that they rely on for the Universities very life. Lastly, I wonder where the NVDMC, the organization that decides who is "allowed" or rather privileged to grow the UF's tree, get their money so they can exist------- -the puclic???? My last post on this subject. - Millet |
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fred Citruholic
Joined: 16 Oct 2009 Posts: 134
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Posted: Tue 14 May, 2013 10:59 pm |
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Nope-- not the public
I use to despise the university of fl.. , but I am starting to warm up to them pretty quick now, I kind of like them. |
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Darkman Citruholic
Joined: 20 Jul 2010 Posts: 966 Location: Pensacola Florida South of I-10 Zone 8b/9a
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Posted: Thu 16 May, 2013 10:18 pm |
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Ruth never did call me back. I'll try again and I never found the time to call Peter. Maybe I'll do that tommorrow. _________________ Charles in Pensacola
Life - Some assembly required, As is no warranty, Batteries not included, Instructions shipped separately and are frequently wrong!
Kentucky Bourbon - It may not solve the problem but it helps to make it tolerable! |
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MarcV Moderator
Joined: 03 Mar 2010 Posts: 1472 Location: Schoten (Antwerp), Belgium
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Posted: Fri 17 May, 2013 4:40 am |
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I totally agree that, if someone creates something unique/new, he/she wants this idea to be protected and has the right to make money from it. But I think a new plant variety is more a matter of "pure luck" than it is of "intellect". (not talking about genetic engineering here). So how can a cross that happens to be interesting be "intelectual property"? _________________ - Marc |
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Radoslav Moderator
Joined: 03 May 2008 Posts: 453 Location: Slovak Republic
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Posted: Fri 17 May, 2013 6:12 am |
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I know that it is a bit off topic, but
this "®" is total nonsense, imagine, if every engine producer should pay to Isaac Newton or Einstein progeny, because each machine works on Newton or Einstein defined principle.
In fact, patent system is now the brake of progress and common prosperity. Big companies, for example from crude oil business are buying all patents, where can harm their business, the same thing with software aplications, or registered cures, on which the real price is just small part of selling price and they are even unreachable for sick people in some countries, because of patent protection. |
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Darkman Citruholic
Joined: 20 Jul 2010 Posts: 966 Location: Pensacola Florida South of I-10 Zone 8b/9a
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Posted: Fri 17 May, 2013 12:00 pm |
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MarcV wrote: | I totally agree that, if someone creates something unique/new, he/she wants this idea to be protected and has the right to make money from it. But I think a new plant variety is more a matter of "pure luck" than it is of "intellect". (not talking about genetic engineering here). So how can a cross that happens to be interesting be "intelectual property"? |
Not sure I agree with your "Pure Luck" theory. The research that goes into deciding what to cross is not luck nor is all the work expended to go from planting hundreds if not thousands of plants to observe, record and evaluate your efforts. If you do your due diligence the odds are more in your favor than against you. Luck is a much smaller portion of the expected success. What we are talking about here is planned and funded research not someone noticing a sport and saying that's great let's make money.
Radoslav wrote: | I know that it is a bit off topic, but
this "®" is total nonsense, imagine, if every engine producer should pay to Isaac Newton or Einstein progeny, because each machine works on Newton or Einstein defined principle.
In fact, patent system is now the brake of progress and common prosperity. Big companies, for example from crude oil business are buying all patents, where can harm their business, the same thing with software aplications, or registered cures, on which the real price is just small part of selling price and they are even unreachable for sick people in some countries, because of patent protection. |
And that is why patents expire. As a patent holder you are granted sole rights to profit from your work but only for a reasonable limited time after that its anybodys game. If your idea is truly a game changer there will be as many investors interested in bringing your idea to market as there are companies interested in shelving it. Either way the person responsible for the idea gets wealthy which is mostly what they wanted in the first place. I don't believe in the 100MPG carburetor anymore than I believe you can change lead to gold with magic dust. _________________ Charles in Pensacola
Life - Some assembly required, As is no warranty, Batteries not included, Instructions shipped separately and are frequently wrong!
Kentucky Bourbon - It may not solve the problem but it helps to make it tolerable! |
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MarcV Moderator
Joined: 03 Mar 2010 Posts: 1472 Location: Schoten (Antwerp), Belgium
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Posted: Fri 17 May, 2013 3:24 pm |
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Darkman wrote: | Not sure I agree with your "Pure Luck" theory. The research that goes into deciding what to cross is not luck nor is all the work expended to go from planting hundreds if not thousands of plants to observe, record and evaluate your efforts. If you do your due diligence the odds are more in your favor than against you. Luck is a much smaller portion of the expected success. What we are talking about here is planned and funded research not someone noticing a sport and saying that's great let's make money. |
Of course there is a lot of work involved, and crosses are not just made at random, but still one has to await what comes out. So I believe luck is part of the game. _________________ - Marc |
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Laaz Site Owner
Joined: 12 Nov 2005 Posts: 5650 Location: Dorchester County, South Carolina
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Posted: Fri 17 May, 2013 3:27 pm |
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So Marc, did you ever get the Blood / Meyer cross? _________________ Wal-Mart a great place to buy cheap plastic crap ! http://walmartwatch.com/ ...
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MarcV Moderator
Joined: 03 Mar 2010 Posts: 1472 Location: Schoten (Antwerp), Belgium
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Posted: Fri 17 May, 2013 3:34 pm |
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Nope... Bad luck... I will get it as soon as I can find it!
Now let's get back to the dekopon! _________________ - Marc |
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Darkman Citruholic
Joined: 20 Jul 2010 Posts: 966 Location: Pensacola Florida South of I-10 Zone 8b/9a
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Posted: Fri 17 May, 2013 4:01 pm |
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I think I have made the decision to plant my Dekopon in my front yard. It will get full sun there. I have Centennial kumquat to keep it company and I probably will find few more to stick out there. Maybe a Sugar Belle! _________________ Charles in Pensacola
Life - Some assembly required, As is no warranty, Batteries not included, Instructions shipped separately and are frequently wrong!
Kentucky Bourbon - It may not solve the problem but it helps to make it tolerable! |
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