Hearts of Iron IV

Hearts of Iron IV

The Ultimate German Radio Collection
xRMGx  [developer] Dec 15, 2021 @ 4:18pm
Is this mod legal? Yes. (DE gamers)
Firstly, the reason of this Discussion, and what the source of this is stemming from, in the event you may be wondering especially if you’re not a German gamer, is discerned from the official Paradox post on Steam Important information for German buyers where you would find, “It's illegal to distribute certain material in Germany. We did not make these laws, nor is it our place to battle them. Our version is made with consultation from German lawyers and is not based on random guesses. It's illegal for us to market, sell and distribute ‘toys’ (this is what computer games are classified as in Germany) with certain content.” Indeed, for German users they would then in-turn, resulted from this, find in-game changes like the portrait of Adolf Hitler and other NSDAP leaders censored and the hakenkreuz removed. By extension, then, the question becomes if mods like this one are legal, if Paradox would censor their own game.

It is clear, even as a non-German citizen myself, that German law allows depiction of NSDAP themed films and other forms of NSDAP themes so long as it is done so in the manner in conveyance or depiction of art, research, or teaching, but when it comes to video games the law is less defined and more obscured. The German Entertainment Software Self Regulation Body (USK), which regulates and approves game licensing within Germany, had instituted a blanket ban on NSDAP content within gaming. However, in 2018 the USK did lift the total ban on NSDAP content and now considers games on a case by case basis that includes said content for licensing; that games will be treated similarly to that of movies in the use of NSDAP content.

So, if it is no longer illegal then why does Paradox continue to censor its own game? A good question, and to answer it -- disclaimer first: I am in no position to speak on part or behalf of Paradox (I am not paid or otherwise under the employ of Paradox) -- in speculation (unless they state otherwise), I would say the reason is found in that quote of the first paragraph, “We did not make these laws, nor is it our place to battle them". (Emphasis added). Indeed, being that Paradox is an international distributor and a for-profit company, it would make good business sense, then, to just censor the game so as to maximize profit in releasing the game to the widest audience as possible (although I would confer my kudos to Paradox in regard to China, as otherwise it may result in modding to the checksum, making the game non-ironman to a wide audience). Therefore, to circumvent this point of potential legal contention and potential jeopardy of the bottom line, Paradox has left that artistic aspect of the game to modders like me and you as any legal agreement, compliance, etc., is strictly implicit and is upon the burden of the individual modder, unless expressly prohibited by Paradox (as in the case of mods relating to the holocaust, gulags, internment camps, death marches, et cetera).

With all this said, where does all of this leave the mod, then, in terms of download and use? Is it illegal? Simply put, no. Being the mod is user-created, it falls under the "art" aspect of Section 4 Paragraph 11 of StGB § 86. Mods and modding are not subject to regulation and approval of the USK, only the game itself. Indeed, the point is proven in that fact that UGRC is available for download and use on Steam; that, if this mod and the many mods like it were illegal, they would have been taken down by Paradox or Steam. So, in conclusion, you can game easy knowing that you will not find yourself fined or, worse yet, incarcerated. However, I would imagine it prudent, regardless if you are German or not, if gaming in a public place with this mod installed, to use headphones. But I am not going to tell you how to game, being a modder.

A few things worth note, a sort of response to the individual sections of StGB § 86:
•This mod declares no allegiance(s), association(s), affiliation(s) direct or indirect, actual or implied, to any party that has been declared unconstitutional to or in German law;
•This mod has declared no association or acts in no manner that is so “incontestably forbidden” in that it is not directed against the constitutional order of Germany;
•This mod's content is not intended to continue the efforts of a former National Socialist organization;
•This mod has no allegiance(s), association(s), affiliation(s) direct or indirect, actual or implied, to “from an organization”;
•This mod is not directed against “the existence or the security of a state or an international organization or against the constitutional principles of the Federal Republic of Germany”;
•And this mod is created in a manner of “art”, “research”, and “teaching”.

Thank you, Paradox, not only for allowing modding of your game but also for creating an engine that makes the process simple.

Should you have any questions or concerns, feel free to post them. For those gamers outside of Germany who are also concerned in the legality in the download and use of this mod, only in Germany is such a law on the books. Cheers, happy modding and happy gaming! Oh, and f#@k censorship!
Last edited by xRMGx; Mar 3, 2024 @ 11:05pm