[freeciv-data] Re: [Freeciv-Dev] Re: fascism patch

[Mathias Hasselmann <Mathias.Hasselmann@xxxxxx>]

Dirk Stoecker wrote:

>   http://www.bib.uni-mannheim.de/bib/jura/gesetze/stgb-bt1.shtml
> 
> [...]
> 
> A translation (please don't blame me, I never tried to convert laws before).
> 
> Bundesverfassungsgericht - Federal Constitutional Court
> Schriften - texts (but not only written texts, see the paragraph what this
>             means at all :-)
> 
> § 86. Distribution of propaganda of unconstitutional organisations.
> (1) Anyone distributing propaganda
>   1. of parties declared unconstitutional by "Bundesverfassungsgericht" or
>      parties beeing replacements of these,
>   2. of forbidden unions (because beeing against constituition or
>      international understanding) or unions beeing replacment of these,
>   3. of governments, unions outside this borders of this law working
>      in purpose of parties of number 1 or 2 or
>   4. which are destinated to continue the purposes of National Sozialistic
>      organisations,
> in this country, producing it for distribution, stores, imports, exports,
> making publically available is punished with 3 years prison or needs to pay 
> money.
> (2) Propaganda in sense of part 1 are only Schriften (§ 11 Abs. 3), with 
> contexts
> against free democracy or the idea of international understanding.
> (3) Part 1 does not count, if the propaganda is directect towards education,
> defense of unconstitutional purposes, art, science, research, reporting or
> past or history and purposes like these.
> (4) In case of little fault punishment may be omitted.
> 
> §86a. Using signs of unconstitutional organisations.
> (1) Anyone will be punished with 3 years prison or money payment, when
>   1. distributing or publishing signs of parties shown in $86 part 1 number 
> 1,2
>      and 4 or using them in meetings or Schriften (§ 11 Abs. 3) distributed 
> by him,
>   2. producing, storing, importing or exporting products containing such signs
>      for distribution in and outside the country in the way described in
>      number 1.
> (2) Signs in that sense are flags, stickers, parts of uniforms, slogans and
> salutations. Signs, which may be confused with the ones state in sentence 1
> are handled equal.
> (3) § 86 part 3 and 4 count accordingly.
> 
> -
> When reading §86 part 2 there should be no problems in adding the flag to
> freeciv. The mentioned games are forbidden as their main behaviour is to
> show the swastika-flags and the game lives around that. In freeciv we have
> many nations and only one of them has this flag.

Dirk, thank you for posting the according the law.

But your statement ignores §86a/2: It's says clearly that

 "producing, storing, importing or exporting products containing
  such signs [signs of unconstitutional organisations, which
  the former NSDAP surly belongs to]"

is prohibited in Germany. In other words: If Freeciv would contain
the swastika-flag you would commit a crime if you would download
(== import) it to Germany. Each German citizen contributing
to Freeciv also would commit a crime too since he would be
involved in production and probably import...

> Well I do not think there is a problem including that stuff in main
> distribution. Maybe we should ask a lawyer, but anyway it can
> be removed afterwards if the game is really forbidden for unknown
> reason. I do not think it will be necessary ever.

Dirk you should know that being not informed does not protects
from punishment. At least in Germany.

Ciao
Mathias
-- 
PGP: 1024-Bit DSA: ID 55E572F3, 1024-Bit RSA: ID EAAF7CF1
WWW: http://www.informatik.hu-berlin.de/~hasselma/
     http://www.dominanz-haus.de/