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Thread: Buying plants with restrictions on them

  1. #17

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    Hey Mabudon,

    The plants are not plants that were developed by the grower. Rather they are pure species that are very rare in cultivation.

    For clarification, the text from the person's sell list reads:


    -TRADE RESTRICTIONS: The plants marked ** are for sale to the end user only. By purchasing them from me, you agree not to provide these varieties or propagated material of these to others by any method (sale, trade, donation, etc). I'm not a commercial nursery. I spend the little free time I have doing this out of a love for carnivorous plants. My sales help support costly expeditions to find and study CP in remote locations and help fund the acquisition and propagation of new material for you and others to grow and enjoy. Few people contribute to these necessary causes and I don't think that's fair. Your contributions are very important and will help support this whole process. If you don't agree with these terms, please don't request any plants from me. If other people ask you for these plants, please ask them to contact me directly.
    -CULTIVAR REGISTRATION: You agree not to register or relabel any plants you acquire from me as cultivars unless I provide my full cooperation and written consent.


    Now the seller doesn't actually specify what percentage of the sales goes to the research, etc. So that claim is a bit dicey.

    Also, I point out that once a person distributes a plant without a cultivar name---according to the official cultivar rules set out in the ICNCP---that is sufficient permission for anyone else to register a plant as a cultivar. So the "cultivar registration" requirement is, again, an additional requirement not supported by the cultivar registration process.

    There's no question that this person is asking for all sorts of restrictions. The whole thing is distasteful to me, HOWEVER, I sort of think that if you enter into the financial transaction with the agreement that you will abide by the rules of the transaction, violating them would be breaking your word.

    It's an interesting situation. So much of my pleasure in growing plants comes from giving the plants to others, so I decided I was simply not interested in the plants because of these restrictions.

    Hmm.
    Carnivorous Plant Newsletter
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  2. #18

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    Hey Folks,

    Another analogy:

    I've taken some folks to sensitive carnivorous plant sites with the explicit request that they did not share the location information with other people. Furthermore, I've been taken on trips to locations with the agreement I wouldn't reveal the locations to other people.

    In this case, information, and not plants, was the restricted commodity. Yet I agreed to those "transactions."

    Hmm, maybe I've had an epiphany. When it comes to uncertain bargains, I always err in the direction of protecting or improving the situation for the plants, instead of the pleasure or amusement of my fellow humans. Asking other growers to propagate Sarracenia 'Adrian Slack' before selling it, or to keep mum about location information, is done to help the plants. Maybe that's the difference for me.

    Barry
    Carnivorous Plant Newsletter
    Co-editor

  3. #19
    rattler's Avatar
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    Quote Originally Posted by [b
    Quote[/b] ]The whole thing is distasteful to me, HOWEVER, I sort of think that if you enter into the financial transaction with the agreement that you will abide by the rules of the transaction, violating them would be breaking your word.
    in general i fully aree with you Barry, but given my personal feelings and history with this individual it actually doesnt bother me a whole lot moraly. but like i said i decided against lining his pocket with my money reguardless
    cervid serial killer
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  4. #20
    Metal King
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    Barry- right, then you made the right choice... I think it's important to share with all who are interested as well.. granted, I don't have anything fantastic, but I have given away every specimen I don't "need" and have tried to propagate everything I can, in hopes of sharing it with others so that they can gain experience and enter the hobby in full form someday...

    Considering the generousity I have encountered so far in the hobby, it isn't a rare thing..
    It is hard to imagine someone wanting a rare species to remain so rare as to be in danger of extinction even once they are in cultivation- unimaginable, almost...

    Glad to have helped jog an epiphany of some sort Doctor, even if only in some small way, the concept of being "stewards of the earth and the wonders therein" is sorta direct when done by sharing endangered species and ensuring their very existence in some cases...

    Anyways, just my 2 (Canadian) cents
    Good topic!!
    Da Growlist

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  5. #21

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    I agree trying to tell someone what they can do with their plants once they have purchased them is a bit silly.

    As all of you sit here and read this post on the internet from your computers please also remember you don't own the copy of XP , 2000, 98, 95 from Microsoft. You can't make copies of it (except for backup). You can use only one cd per computer. And M$ can monitor any information it wants on your PC.

    So what is the point. Because cps are important to many of the users here they will get up in arms over plants patents and restricition of rights. However get into a discussion on software patents, medical patents, or free exchange of information and you will create a snooze fest.

    If you don't like the rules setup by the buyer, don't buy from them.

    If you buy a historical property, you can be very limited on what changes you can make to it. If you live in a gated community you can be limited on what color paint you can use on your house or what kind of roof shingles you are allowed to have. And god forbid you should want to park your work vehicle there. Try to keep a group of goats in an area zoned residential and you run into zoning restrictions. There are plenty of groups to enforce plenty of rules. The question is which ones do you want to live with.

    Microsoft free on my computers, not in a gated community, park my van in front of my house and if I want to paint the house purple, I could.
    Sincerely,
    Brendhan



    Apprently posting fully clothed non sexual photos of myself pisses off the mods. Well I do my part.

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