Aleksander MajjamIt's still killing me how eerily familiar this conversation is going.
Aleksander MajjamWhy would anyone be foolish enough to do that??
That would be like someone who isn't a software developer thinking they need to explain software to a software developer.
Oh wait...
SakashiroAleksander MajjamIt's still killing me how eerily familiar this conversation is going.
Maybe you are the reason why she's doing it.
Aleksander MajjamWhy would anyone be foolish enough to do that??
That would be like someone who isn't a software developer thinking they need to explain software to a software developer.
Oh wait...
Oh, I see where this is going.
What if I am a software developer with a law degree who happens to speak fluent German?
Aleksander MajjamThen it would just mean that it would be even more glorious to watch you die a second time on a hill that you seem to go all in on, but have no business climbing.
SakashiroRebecca HailYou fail to realize that Angela Merkel herself had nothing to do with that verdict.
You fail to realize that this is not the verdict I was referring to. There are two cases involving the defendant Hans Burkhard Nix. One of them went to the ECtHR. The other one was about Merkels picture. So the court decision you're quoting is unrelated to the case I was talking about.
And the second case I mentioned (Günter Wangerin) you keep ignoring completely. So much for cherry-picking.
Turning to the facts of the present case, the Court determined that the symbol used in the blog post could not have had any other meaning than that of Nazi ideology. The Court also noted that Mr. Nix must have been aware of the relevant law, not least because he had been convicted of the same offence for publishing photographs of Angela Merkel in Nazi uniform.
Rebecca HailTo explain it simply, the display of the swastika + Gauland in the game is covered under freedom of arts, as the game clearly was an art project. {...} The display of Trump with the nazi salute is covered under the exception of reporting on current or historical events and freedom of arts.
Don't you find it interesting how those exceptions never apply to pictures of Merkel but always to pictures of her political opponents?
Rebecca HailThe general attorney refused to investigate because of the outdated precedence and thus the legal framework changed.
Question: What was the legal basis for his decision that a precedent court decision was outdated?
Answer: There was none. As members of the executive branch, state attorneys have no authority to change legal frameworks. They cannot overturn court decisions, they cannot pass laws.
The Attorney General declined to consider the game illegal under Section 86a, stating that the 1998 ruling was outdated; since then, USK had adopted age ratings for video games, and that there was no reason not to consider video games as art within the social adequacy clause. As a result, the Supreme Youth Protection Authority of the Federal States adapted the Attorney General's ruling to be applicable for all video games within Germany
There's the change in the legal framework, taken from your own source. This is obviously not codified law, the precedence from 1998 is officially still valid and will be until it actually comes to a new lawsuit over this topic. Nonetheless, the fact that the state attorney refused to take action over it, is clearly indicating that perspectives have changed a lot in the last 20 years. This becomes quite obvious when you read the german wikipedia entry on the USK:
Seit August 2018 ist auch eine USK-Einstufung von Computerspielen möglich, wenn diese verfassungswidrige Symbole wie das Hakenkreuz enthalten. Hintergrund ist eine geänderte Rechtsauffassung der OLJB, die nunmehr davon ausgeht, dass die in § 86 Abs. 3 StGB festgeschriebene Sozialadäquanzklausel nicht nur für althergebrachte Medien wie Filme, sondern auch für Computerspiele gilt.
It roughly translates to: "Since August 2018 a USK game age rating of videogames is possible, if those contain unconstitutional symbols like the swastika. Background is a changed interpretation of law by the OLJB [that's what's called the Supreme Youth Protection Authority in the source you quote] which no longer assumes that the in § 86 Abs. 3 StGB codified social adequacy clause is only valid for traditional forms of medias like movies, but also for video games."
SakashiroAleksander MajjamThen it would just mean that it would be even more glorious to watch you die a second time on a hill that you seem to go all in on, but have no business climbing.
I had no idea you were so vindictive.
SakashiroAleksander MajjamThen it would just mean that it would be even more glorious to watch you die a second time on a hill that you seem to go all in on, but have no business climbing.
I had no idea you were so vindictive.
and this article: https://en.wikipedia.org/wiki/Crescent_moon ..we clearly have evidence that the moon is indeed crescent-shaped, and not round.Rebecca HailEffie Trinket
The whole discourse is a little odd. Bless them both for their stamina though!
[img=1112x944]https://i.redd.it/wyqhmv6s7y041.png[/img]
Aleksander Majjam
Saka: Judge, after seeing my evidence today, I will convince you that the moon is a crescent shape, and not round like most idiots believe.
Amata LireinI already pointed out why the Gauland+Swastika-thing was not prosecuted: It was referring to contemporary events surrounding Gauland's party, the AfD, which is considered far-right... so far-right in fact that parts of it are currently under observation by the Federal Office for the Protection of the Constitution as well as by several State Offices for the Protection of the Constitution.
Rebecca HailYou can go to a random german AfD facebook group and will find hundreds of pictures that depict Angela Merkel as Hitler within an hour.
SakashiroAmata LireinI already pointed out why the Gauland+Swastika-thing was not prosecuted: It was referring to contemporary events surrounding Gauland's party, the AfD, which is considered far-right... so far-right in fact that parts of it are currently under observation by the Federal Office for the Protection of the Constitution as well as by several State Offices for the Protection of the Constitution.
This certainly appears to be the reason for the attorney's decision. And that is exactly why it looks politically motivated. A smear campaign using Nazi symbols doesn't magically turn into art just because it targets the "right" person. Think what you will of Gauland; he was a member of Merkel's conservative party for 40 years. In fact he joined the party at a time when Merkel was still busy propagating Marxism in East Germany's FDJ. If he's indeed a Nazi and/or antisemite, one has to wonder how he managed to remain undetected in that party for four decades.
However, if the attorney was actually concerned about an outdated court precedent as he claimed, the proper thing to do would have been to pass the case on and give the court an opportunity to overturn that precedent. Rejecting the case achieved the opposite: the outdated decision remains in effect; legal certainty ("Rechtssicherheit") has not been established.
Amata LireinWoooooow... careful here, you are now threading on very thin ice. Membership in the FDJ in the GDR was actually not really a choice you had, but kinda mandatory, especially if (like Merkel) you wanted to visit an university and get yourself a doctorate (which Merkel has btw, she has a doctorate in physics). And having to propagate Marxism in the GDR was very much a necessity for survival, otherwise you might had a visit by the Stasi.
Also: Political views can change in 4 decades. That's something all humans have in common.
And no... Gauland and the swastika was NOT a smear campaign... especially not when in the very same game Merkel (as chancellor) got displayed as a slithering snake-hybrid and the leadership of the Green Party gets depicted as siamese twins. The very obvious (and still ongoing) public displays of antisemitism from inside the AfD allow for the satirical use of the swastika due to said contemporary events. And satire IS a form of art.
And just FYI: There are very high hurdles to overcome that a political party can be a) put under observation by an Office for the Protection of the Constitution and b) ever higher ones to get an extremist party forbidden.
A new biography covering Chancellor life in East Germany has caused a stir by suggesting she was closer to the communist apparatus and its ideology than previously thought.
Published this week and written by journalists Günther Lachmann and Ralf Georg Reuth, the book quotes Gunter Walther, a former colleague of hers at the Academy of Sciences in East Berlin, as saying she had been secretary for "Agitation and Propaganda" in the Freie Deutsche Jugend (FDJ) youth organization at the institute. Merkel, a trained physicist, worked at the academy from 1978 until 1989.
{...}
The book explores Merkel's life growing up in German Democratic Republic (GDR), where her father Horst Kasner was a Protestant pastor and a committed socialist. He moved to East Germany from West Germany in 1954.
Merkel has said in the past that her FDJ role at the academy was more that of a cultural secretary and that her duties included buying theater tickets and organizing book readings.
{...}
But former German Transport Minister Günther Krause -- an eastern German politician who worked with her in the final months of the GDR and as a fellow minister in the government ex-chancellor Helmut Kohl in the early 1990s -- contradicts her in the book and says she propagated Marxism-Leninism.
"With Agitation and Propaganda you're responsible for brainwashing in the sense of Marxism," he said. "That was her task and that wasn't cultural work. Agitation and Propaganda, that was the group that was meant to fill people's brains with everything you were supposed to believe in the GDR, with all the ideological tricks. And what annoys me about this woman is simply the fact that she doesn't admit to a closeness to the system in the GDR. From a scientific standpoint she wasn't indispensable at the Academy of Sciences. But she was useful as a pastor's daughter in terms of Marxism-Leninism. And she's denying that. But it's the truth."
On Sunday evening, Merkel said she hadn't covered up anything about her past. "I can only rely on my memory," she said at a public screening of her favorite movie, a popular love film made in East Germany, on Sunday night. "If something turns out to be different, I can live with that."
SakashiroRebecca HailYou can go to a random german AfD facebook group and will find hundreds of pictures that depict Angela Merkel as Hitler within an hour.
Sure, but how many of these have been mistaken for art by a state attorney?
