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Re: a legal problem with 'filters' in germany



On Fri, 22 Oct 2004 14:11:17 -0400, Raul Miller <moth@debian.org> wrote:
> The german law referenced in the bug report seems to be a prohibition
> on certain kinds of propaganda.  It does not explicitly forbid the word
> pair in question [though cultural context clearly makes some people
> sensitive to those two words].
> 
> Personally, before I could take this too seriously, I'd want to know
> why the lawyer thought that the filters programs had anything to do
> with propaganda.

The law referenced (STGB 86) refers to propaganda material
("Propagandamittel")  of certain organisations. These types of
organisations are described in the enumeration.

I don't believe the two word combination can qualify as being
propaganda material.

Usually "Sieg Heil" utterings are not prosecuted under STGB 86 but
under STGB 86a, which forbids the usage of symbols of the
organisations described in STGB 86. Number (2) of STGB 86a explicitly
mentions "greeting phrases" ("Grussformeln").

It seems to me, though, that you have to actually *use* these to be
subject to this. "Sieg Heil" in a Debian welcome screen would qualify.
The phrase being contained somewhere in a filter IMHO wouldn't.

Disclaimer: I have a degree in German law but never practiced as a lawyer.

-- 
Patrick



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