Bean or Frankenbean?

Public domain image, posted in electronic form by luirig.altervista.org       

Ooh, so scary, boys and girls!

Are GMO soybeans another “New Coke (TM)”  It’s midnight in the garden of good and evil, and I’m not sure anyone really knows beans.

After 40-ish years of being told that soybeans are very good for me, I am being told that they are now very bad for me, specifically because so many of them are GMOs (genetically modified organisms).  Being the stickler that I’ve been taught to be (and being interested in crop-plant genetic IP), I went looking for reliable primary sources.*  I found out:

To me, this whiffs suspiciously of the “New Coke (TM)” marketing game.******  For those too young to remember, that one goes like this:

  1. Take a popular product.
  2. Introduce a new version and quit producing the old one.
  3. Make sure the consumers who loved the old product the most will hate or fear the new one.*******
  4. When the black market for the old one shows sufficient profit to finance its own space program, grudgingly-but-magnanimously re-introduce the old product to a public who will be too relieved-and-exhilarated to notice, e.g., a higher price or any other side effect you’d like to sneak in.
And, given the findings above, the really beauty part of this one might be that Step 2 was never really taken.  That is, although a lot of soybeans were replaced by GMO strains, few or none of those were the ones that humans eat as tofu, tempeh, soymilk etc.  Yet people will now pay more to be REASSURED that these products are “now” non-GMO.
It’s as if (this is just an analogy, not a fact!):
  • A redacted article, “Coke Produces Carbon Monoxide!” went viral.
  • Redacted was the explanation that the article was actually about small-c “coke,” the derivative of coal used in making CO-containing “producer gas,” and not Coca-Cola(TM) at all.
  • A bunch of people quit drinking Coca-Cola (TM) to avoid the in-fact-nonexistent threat of carbon monoxide.
  • The Coca-Cola Co. introduced a “testing and certification program” GUARANTEEING that their soft drink would not produce carbon monoxide. . . and passed the costs along to consumers who were grateful to be protected.
“This is an amulet to keep rhinos away.”
“There aren’t any rhinos around here!”
“See?  It works!”

___________

*E.g., articles with titles like “GM-Soy: Destroy the Earth and Humanity for Profit” did not make the first cut.^  Oh, P.S.: Any site that pops a “Give me all your contact info and Subscribe Now!!!” window up in my face, before I have a chance to skim even one paragraph, I rebuttably presume not to be a reliable primary source.  Just sayin’.

**Wherein, the author writing about beans missed a golden opportunity to incorporate the phrase “Silent but Deadly.”

***At least one fairly scholarly-looking paper concludes that fermented soy is better for digestive flora than unfermented soy.  This is distinct from “fermented soy is healthy but unfermented soy would just as soon kill you as look at you.”  And it also doesn’t say anything about GMO vs. non-GMO.

****Thankfully this is not a law review article, so I can say things like “Well, du-uh.”

*****Confusingly abbreviated “IP!” This will probably hurt the producers’ case with the particular consumer sector convinced that any plant with a patent, trademark, or copyright^^ is bound to kill us all.  And because of the multiple language-and-logic barriers involved, neither side may ever figure out where the problem started.  Unless they read this blog, of course.

******Coca-Cola(TM) is an IP wonder.  Its formula is possibly the most successful trade secret in the world.

*******Humans’ built-in change-resistance Gripe-O-Matic may do most of the job for you if you calculate the type of change well enough.

—————–

^I mean, if I were to destroy the earth and humanity it would at least be for FUN and profit.

^^No, I don’t believe it’s possible to copyright a plant (as distinct from a picture, sculpture, poetic description, or interpretive dance about one).  Others apparently believe it is.

The Mishmash Nation of Neverland – I kinda liked ‘em

I can’t help but sympathize with the creators of Syfy’s Peter Pan prequel, “Neverland.”  Here’s this forward-looking bunch with an ethos of fairly and sympathetically portraying — not only HUMANS of all ancestries — but aliens and robots and ghosts and super-intelligent shades of blue as well.   And they’re forced to be simultaneously backward-compatible with an Edwardian British fantasy of “Red Indians.”  That has to be worse than designing websites aimed at lawyers who haven’t updated their browsers since 1985!

I couldn’t wait to see how they got out of THAT one.  I only hoped it would be more graceful than Disney’s purported “Michael-Jacksonizing” of the animated (now-white) Indians in the DVD version of their “Peter Pan.”

More

There is no Migratory Blogs Protection Act – and it shows

Bootlegacy is changing hosts.  Some things couldn’t quite migrate correctly.  Don’t get me started.

Little by little, we’ll fix it though!  Thanks for your patience.

(For Thanksgiving): _Ringer_’s Bodaway Macawi: Return of the F.B.I.*


*For those who haven’t been monitoring pow-wow T-shirt booths (a great way to catch up on Native sociopolitics while munching some of the better food on the planet), there was this shirt that said “F.B.I.- Full Blooded Indian.” Soon followed by parodies that said “F.B.I.- {Flat Broke Indian, Fat Butt Indian, or my fave, Fry Bread Inspector}.” Bodaway Macawi, the villain of the CW suspense series “Ringer,”. is a kind of FBI we haven’t seen in a few decades: the Fictional Bad Indian.
More

Late, Great Jim Thorpe: NAGPRA’s Newest Draft Pick?

His Sauk (Sac & Fox) name was Wa-Ho-Thuk. The world knew him as Jim Thorpe, one of the greatest athletes of the 20th century. He played professional football, baseball, and basketball, and took gold medals in both the pentathlon and the decathlon in the 1912 Olympics. The International Olympic Committee (IOC) took away his medals (amateur-standing issues, having been paid to play semi-pro baseball); the Great Depression took away his career and earnings; a heart attack in 1953 took away his life. At that time, Thorpe’s native Oklahoma appeared singularly uninterested in erecting a monument. Frustrated, widow Patricia cast a wider net for the kind of memorial she felt Jim deserved. She found it in the towns of Mauch Chunk and East Mauch Chunk, Pennsylvania, which proposed to merge into the single town of Jim Thorpe, PA and provide a granite mausoleum to house Jim’s remains. He was posthumously inducted into several athletic halls of fame, and honored with a “Jim Thorpe Day” in 1973. In 1983, after years of stonewalling, the IOC reinstated his Olympic medals.

So now this remarkable personage can rest in peace? Nope, not yet. His three surviving sons are suing the town of Jim Thorpe under the Native American Graves Protection and Repatriation Act (NAGPRA, 25 U.S.C. 3001 et seq.), to have Jim Thorpe’s remains returned to Oklahoma for burial in the family plot near his birthplace (which has a historic marker now). Different facets of the controversy have been presented in the Wall Street Journal and the New York Times.

NAGPRA is a handy legal lever here, but is it really the right tool for the job? In the last half-century, federal statutes that bolster tribal sovereignty and Native cultural identity have seemed especially vulnerable to being crushed – or at least noticeably flattened – under the wheels of justice. One plaintiff tries to push the law just a little too far, and the court severely narrows the scope of the law or strikes it down altogether. More

Consumers Confuse Your “Face,” My “Butt”?

North Face v. South Butt settled out of court on Apr. 11, 2010. Nobody’s sayin’ nothin’ about the terms beyond “no comment” or “The matter has been amicably resolved between the parties” (nobody was quoted as saying “If we told you, we’d have to kill you” but it may be implied).

But(t) – even though Plaintiff was after a permanent injunction against marketing pretty much anything with a South Butt trademark, Defendant’s website is still up a month later and even features a “South Butt rap.” Score one for the smartalecks; I am so freaking glad the law hasn’t been able to suck all the humor out of the marketplace yet. A couple of the broader interpretations of trademark dilution and and the “goodwill-hitchhiking” aspects of unfair-competition law could do that someday if we’re not careful. More

Should Living Human Beings Ever Be Cultural Property?

Subsection Arrr: Did pirates really have Codes?

Several authors, including an economics professor, are pretty sure they did. Even the snooty-booty New Yorker has noticed, although New York is far more famous for “corporate pirates” who would have been useful to their high-seas counterparts only as ballast or sharkbait. (BTW, many thanks to Keith Nagel, author of highly useful patent-perusal program IPDiscover, for bringing this article to my attention).

These authors are probably right. Piracy is largely an organized crime; pirate chieftains like Blackbeard, Jean Lafitte, Grace O’Malley, and Madame Chiang commanded sizable fleets. Organizations have to have rules if they want to grow and achieve.

Don’t get me wrong; pirates were (and still are) “not very nice persons at all.” They stole ships and their cargo for personal gain, took prisoners for ransom or slave-price (or addition to the crew if sufficiently useful), and killed anyone who got in their way. Not like, for instance, national navies and letters of marque, which confiscated suspected enemy ships and their cargo as prizes shared by the crew, took prisoners for exchange or impressment into service, killed anyone who got in their way, and were sanctioned by governments and mostly financed by taxes.

My point -and I do have one – is that 17th- 18th-century pirate codes reveal a professional culture exhibiting much more democracy, safeguards for dispute resolution, and merit incentives at all levels than could be found in most governments of their age, and far more than can be found in most legitimate business ventures of our own time. They could certainly be a model for contractual relationships among salvagers and others who, albeit within the local law, profit from things that they find (rather than make or buy).

More

For US Independence Day: Thanks, Haudenosaunee

This is a Haudenosaunee wampum belt. The Haudenosaunee (“Longhouse Builders,” aka the Six Nations of the Iroquois* Confederacy) used wampum (beads carved from the purple-and-white-striped shell of a quahog clam) for many purposes. Wampum belts weren’t for holding an individual’s trousers up, but for memorializing important agreements, metaphorically minimizing potentially uncomfortable exposure for whole groups, and often their descendants as well.

An elder of the Wisconsin Oneida nation, part of the Haudenosaunee, once told me that every traditional Haudenosaunee prayer is a prayer of gratitude. That’s impressive. Would you rather be in charge of people who say “Thank you” all the time, or people who say “Gimme”?

On this Fourth of July, I feel it’s appropriate to say thank you to the Haudenosaunee for providing a model of federalism for the Founding Fathers – an example of how separate sovereignties (like the newly independent colonies) could function as a nation without losing their separate identities and all of their autonomy.

More

Your 15MB of Fame: Schlemiels, Schlimazels, and Schadenfreude

R Stevens’ “LOL Rights Reserved” T-shirtThis T-shirt means “If you take an amusingly embarrassing picture or video of me, don’t put it on the Web without my permission.” With or without Photoshop embellishments. With or without grammatically incorrect captions. The shirt is a creation of R Stevens, the brain and funnybone behind the underground fave Diesel Sweeties web comic, among so many other things that one wonders if he’s really just one person.

What this shirt is suggesting, to the legal eagle eye, is celebrity rights for the rest of us. The shirt has no legislative or judicial backing - yet. But, just maybe, this idea’s time has come:
More

Previous Older Entries

Follow

Get every new post delivered to your Inbox.