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October 19, 2020 02:01 pm

Proprietary Grapes Come With Draconian End User License Agreement

They did EULA to a grape. A company put an end user license agreement (EULA) on a bag of grapes: "The recipient of the produce contained in this package agrees not to propagate or reproduce any portion of this produce, including 'but not limited to' seeds, stems, tissue, and fruit," read the EULA on a bag of Carnival brand grapes posted on Twitter by user Tube Time. From a report When you purchase a bag of delicious and sugary Carnival brand grapes, you enter into an agreement whereby you will consume the grapes and do nothing else with them. This kind of warning against reproduction is something we're used to with digital products like video games, but is jarring to see spread to the world of consumer produce. "It's always shocking and more than a little absurd to find these licenses on everyday consumer products, especially at the grocery store," Aaron Perzanowski, a law professor at Case Western Reserve University and the co-author of The End of Ownership, told Motherboard in an email. In the broader world of agriculture, however, there's actually quite a lot of precedent for this. And patented seeds with specific restrictions is a constant sore point for farmers. Agriculture giant Monsanto has patented a whole host of proprietary seeds that are weed- and insect-resistant, and threatens to sue farmers who harvest and replant them from year-to-year. In fact, the Supreme Court has already ruled on this.

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