The OSSI is a mechanism to facilitate the privatization of the world’s agricultural biodiversity. It’s no different from what the US Seed Savers Exchange and similar organizations have become. It’s a tool of the wealthy and powerful families who use it as a way to promote division in those who work with biodiversity, and then to spread fake news to replace reality. It’s an extension of the vision some social studies academics have, and it’s purpose is a place for us to occupy in the future they’ve designed for us.
In the US OSSI takes the form of a fairly innocent pledge, but elsewhere in the world it’s a legally binding contract with wide ranging consequences.
Nothing to do with Open Source
As someone who has a number of years experience working with Open Source software, let me be clear that OSSI is something completely different.
First of all there is no source with open source seeds. This is a really important difference. Seeds are not software.
Open source software can be modified and sold, and the programmer can retain the rights over their own enhancements. The legally binding version of OSSI in Europe is all encompassing, and also applies to all enhancements or future developments. Any plant breeder who works with OSSI material looses rights of control over their own material.
Open source software is available to anyone, even those to don’t agree with or accept the licensing terms. OSSI seeds cannot be legally transfered without a binding contract, and those who do not accept the contract may not legally use the seeds.
Open source software exists in an environment where downloads are always free over the Internet. This is not the case with seeds, which require physical ownership, and are not always free. This means not everyone necessarily has access to the material for a reasonable price.
The philosophy of Open Source software concerns what you are allowed to do. Pretty much the only thing you aren’t allowed to do is claim ownership over it. The philosophy behind the legally binding OSSI is that you must share it, and don’t have the right to keep it privately in your own garden if you choose. This is perverted and wrong.
The Real Purpose of OSSI
The worlds genetic resources are being privatized, with some falling into private hands. This can create a situation where some of it is not usable, or possibly not usable by everyone. For example, maybe a plant breeder has discovered a gene that no one else has, and decides to only let a small number of farmers grow it. Suddenly this could be a major marketing advantage compared to a company like Monsanto-Bayer. The purpose of OSSI is to legally require all genetic material be available to the larger agricultural companies.
Under the terms of the CBD and the Nagoya Protocol, genetic material generally has to be transfered from one party to another by means of a legally binding contract. Unless you have access to fairly extensive legal advice, developing these contracts is beyond the means of most people. In addition, maintaining the administration and business aspects is generally beyond the means of a single farmer or plant breeder, and mostly has to be done within organizations and cooperatives.
For many people, legally speaking, the best option is to simply collect biodiversity and not share it with anyone, barring a few exceptions. OSSI undermines this option.
The Social Studies Angle
It seems strange this issue would come down to social studies academics. Most of us have no contact with this discipline. Most of us were unaware while they were busy writing and implementing the CBD, and it’s now been adopted by almost every country on the planet.
Jack Kloppenburg, the founder of OSSI, has a sociology background which is part of social studies.
I don’t think the world or the seed movement needs our future planned and laid out by any one or any group. I don’t think many people would willingly participate.
What Can We Do?
This isn’t an easy question to answer. Certainly some of us are employed by OSSI or other social studies initiatives. Everyone needs an income to survive.
Starting an independent initiative is increasingly difficult. It’s not possible to start something like the Seed Savers Exchange Kent Whealy and his wife Diane did in their living room in 1975. You are immediately up against a great deal of money and people who want to maintain control over the situation. The reality is we need to get used to doing our own thing, under the radar of these organizations.
Certainly an important part of working with biodiversity is being very careful about accepting (shrink-wrapped) contracts and terms and conditions with seeds. These are becoming increasingly important.
I think this is going to be a topic of discussion for a long time. I welcome any comments anyone has, either as a public comment here or privately via the contact link on this blog.
This is a bit confusing because you are talking about more than one group. The OSSI is a US-based group that has no end-user contract – only the pledge. The pledge only restricts the ability of the end user to seek IP on the pledged varieties or their derivatives. Otherwise, you can do whatever you like with them. The OSSI is not affiliated with other groups in Europe and South America. They are doing their own things.
Hi Bill,
Thanks for your comment. Yes, OSSI is different in other countries, but the efforts are coordinated and legally compatible. The legal situation is also very different outside of the US, because the US is not a member of the CBD.
The problem is not the end-user pledge, it’s more the paperwork that’s signed when registering an OSSI variety. This paperwork and signature are legally enforceable in most countries via the CBD, and puts seed savers in these countries in a difficult situation if they grow these seeds. Most seed savers will probably not want OSSI seeds in their garden, and this is a problem because the US seed saving movement has some very valuable seeds. In the US, heirloom seeds are generally already in the public domain, but OSSI undermines this.
In fact, while OSSI has a very laudable sounding name, nothing about it is true. I think most people who give it serious thought, would agree. How can a pledge restrict IP? Where is the source that’s supposed to be open? In fact IP isn’t restricted in a meaningful way, either inside or outside of the US.
The reality is OSSI itself is a sort of IP. OSSI seeds end up being owned by the German OSSI organization, who can demand royalties from people who use the seeds.
Public domain is always the best option, and seed savers should always be careful what they sign — if it’s OSSI, an SMTA from a genebank or any other contract. These written agreements are often a lot more than they seem. If you do sign a contract, it’s important to pass on this information to anyone else you share the seeds with, including results of breeding work.
The day may come where it’s useful to have a contract similar to OSSI, but it should be based on honesty and truth, and should benefit seed savers.
I really wish there was even more protection for all open-pollinated varieties in order to restrict cooperations from being able to sue me for saving seed that I purchase.
With the way things are currently, I could be using an open-pollinated variety that, if a business wanted to, could cross and patent as their own. Then I would be liable to a lawsuit for using a variety that I already have.
GREED IS EVERYWHERE…KIND OF LIKE GLYPHOSATE IS. THE SYSTEM HAS EXPLOITED EVERYTHING INVOLVING THE COMMON MAN. REALIZING THAT “TRUE WEALTH” LIES WITHIN THE SEEDS YOU POSSESS, CORPORATIONS & GOVERNMENTS HAVE BEEN CONSPIRING TO SEIZE CONTROL OF FOOD SYSTEMS GLOBALLY. THE PEOPLE THAT YOU VOTE INTO OFFICES ARE NOT THE SAME PEOPLE ONCE THEY TAKE ON THAT OFFICE. AS WITH ALMOST ANYTHING THAT YOU DO IN SOCIETY…YOU FIT IN WHERE YOU GET IN…OR YOU DON’T GET IN AT ALL. THIS DEFINITELY ISN’T A NEW CONCEPT BY ANY MEANS. GREED HAS DISMANTLED MANY CIVILIZATIONS OVER THE COURSE OF TIME AND IT SURE ISN’T LOSING ANY STEAM AS IT CRUSHES EVERYTHING IN IT’S PATH TODAY. TRUST YOURSELF, RELY ON YOURSELF, THINK FOR YOURSELF!!! POSITIVE VIBRATIONS…
Well said GSS. What we need to teach the people behind this greed is that they need us. Not only do they not gain anything by alienating us with crap like the OSSI, but if they would just allow us to exist and do our thing without interfering with us, they could benefit a great deal from our work, and there is so much more we could do together.