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Re: quake2 and german youth protection law

Alexander Schmehl <alexander@schmehl.info> writes:

> * Francesco Poli <frx@winstonsmith.info> [050702 17:00]:
>> Are you saying that every use of any nazi symbol outside of history
>> education is prohibited in Germany?
>> This seems ridiculous!  :-(
>> How do you deal with movies such as _Raiders of the lost ark_ and
>> _Indiana Jones and the last crusade_ ?
>> They are quite full of swastikas and other nazi symbols and they cannot
>> be considered (AFAICT) "history education".
> No, it's the law is a bit softer.  As far as I understand it's some kind
> of "you may use it in history and in arts (if it was to complex to
> remove them)".

Right. § 86a StGB (=penal code) points to § 86 III StGB. There is an
exception for civic enlightenment, defense against anti-constitutional
efforts, art, science, research and teaching, reporting about current
events or history, and similar causes.

The exception for art has been reduced by the courts, because the
courts have a very broad understanding of the term art. The interests
of art have to be weighed, probably it won't be allowed if the art is
trivial, affirmative or only commercially motivated. But those Indiana
Jones films will still be accepted as art, they have a plot and some
kind of message is expressed. I think computer games are
often thought to be too trivial/too commercial.

Michael Below

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