Uncut patches for german steam versions - allowed or not

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cookiemonste 29 nov, 2014 @ 17:56

Hello, I am planing to purchase some steam games, but I live in germany, some of them are censored. The Steam User agreement states that I am not allowed to modify any product that is acesed thorugh me thorugh steam.. "Valve may terminate your Account or a particular Subscription for any conduct or activity that Valve believes is illegal". Am I allowed to use these patches or not?

Senast ändrad av cookiemonste; 29 nov, 2014 @ 17:56

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Hopper 29 nov, 2014 @ 20:22

If so, we would all have been banned ages ago for modding. I do belive you are allowed to modify your game files BUT cheats are a big no-no. Also, using a VPN or similar feature to purchase a version from another country will get you into trouble too.
As for the government allowing such patches, I don't know since I don't live in Germany.

cookiemonste 30 nov, 2014 @ 3:17

It is a bit of a neutral zone. It is not allowed to sell or purchase games like Call of Duty 4 or Fallout 3 uncut in germany. In some cases it is illegal to own certain games. Doom was for 20 years on the index, the indey is a list with forbidden games in germany. If these patches would have been illegal, the sites where you can download them would be banned. But I don't want to get banned from steam. I got "some" games on my account.

DanTheKraut 30 nov, 2014 @ 4:52

Ursprungligen skrivet av cookduncan:
It is a bit of a neutral zone. It is not allowed to sell or purchase games like Call of Duty 4 or Fallout 3 uncut in germany. In some cases it is illegal to own certain games. Doom was for 20 years on the index, the indey is a list with forbidden games in germany. If these patches would have been illegal, the sites where you can download them would be banned. But I don't want to get banned from steam. I got "some" games on my account.

That is not true!

You are allowed to own, buy (including import) and sell every game, movie, music and book in Germany if you are an adult. Some stuff is restricted but nothing is banned except stuff which violates §184 b and §184 c of the german criminal code (child- and youthporn).

If the BPjM puts a game on the index (list a or b doesn't matter) selling and advertising gets restricted. You can still sell and advertise it public in shops only adults have access to and every other shop also minors have access can also sell it to you (without public advertise and selling you have to ask then). You can compare it with porn which is restricted to adult shops.
Also the import is allowed.

Indexed doesn't mean banned!

If a game gets restricted by a court because it is violating a law (sadly this is possible in Germany). You are also allowed as adult to own, buy, import and even to sell it as a private person. Only advertisement is completely banned then but the specific paragraphs like §131 or §86 a StGB state that owning, buying (including import) is allowed. The selling was backed up by several court decisions including one from Germanys highest court the BGH.

Import is allowed, a court restriction is a public ban but it is not completely banned (sounds strange but it is the truth).

You are also allowed to buy, own and sell unrated games in Germany because a USK rating is not a must!

Looking at other countries in Australia and the UK unrated means banned as you are not allowed to own, buy and sell unrated games. I know at least for Australia this is 100% correct and for the UK it counts for movies.

Switzerland as example has a paragraph which is nearly the same as the german §131 but in Germany as I said you are allowed to own, buy and import those games. In Switzerland it would mean the game would be banned as owning, buying and selling is not allowed at all.
(Art 135 Swiss criminal code)

The youth protection law in Germany is very strict but it should not affect adults that much if people (Publishers) would understand it correctly!

Regarding VPN use and changing game parts you should read
§ 69a Gegenstand des Schutzes - Urheberrechtsgesetz

http://dejure.org/gesetze/UrhG/69a.html

Senast ändrad av DanTheKraut; 30 nov, 2014 @ 4:56

cookiemonste 30 nov, 2014 @ 4:53

Thanks, but that still does not answer my question about steam.

DanTheKraut 30 nov, 2014 @ 4:57

Ursprungligen skrivet av cookduncan:
Thanks, but that still does not answer my question about steam.

Regarding VPN use and changing game parts you should read
§ 69a Gegenstand des Schutzes - Urheberrechtsgesetz

http://dejure.org/gesetze/UrhG/69a.html

Senast ändrad av DanTheKraut; 30 nov, 2014 @ 4:57