Offtopic

04 Jan 2021, 3:03pm
Sakashiro
Rebecca HailBy declaring an entire country a banana republic


That's not what I did, but feel free to continue misquoting me.


Stop cherry picking, Saka. If you want to respond, respond to the entire post or just admit that you don't know what you're talking about.
04 Jan 2021, 3:04pm
To be fair there are plenty of other reasons to call Austria and Germany a banana republic but given the specific request ("Just please no politics, religion and similar usually heated discussions, please.") and experience I shall refrain from further political statements :p
04 Jan 2021, 4:39pm
Rebecca HailStop cherry picking, Saka. If you want to respond, respond to the entire post or just admit that you don't know what you're talking about.

It's quite ironic that you accuse me of polemicizing, considering the numerous personal insults you keep directing at me. I would like to remind you that I wasn't responding to a comment of yours; you responded to mine. I wasn't looking for a conversation with you. You approached me with a question, and then you kept insulting me for the answer I gave you. What exactly were you hoping to achieve?
04 Jan 2021, 4:48pm
Sakashiro
Rebecca HailStop cherry picking, Saka. If you want to respond, respond to the entire post or just admit that you don't know what you're talking about.


It's quite ironic that you accuse me of polemicizing, considering the numerous personal insults you keep directing at me. I would like to remind you that I wasn't responding to a comment of yours; you responded to mine. I wasn't looking for a conversation with you. You approached me with a question, and then you kept insulting me for the answer I gave you. What exactly were you hoping to achieve?


Telling you that you don't understand what you're talking about isn't an insult, much less when it's true. And yes, you are polemicizing, alongside an entire array of other bad discussion practices like repeating false information, not properly reading your own sources and the mentioned cherry picking.

What I hoped to achieve was to convince you that games in Germany are not subject to political censorship. But that should be pretty obvious, so I'm wondering why you're asking that.
04 Jan 2021, 5:27pm
Rebecca HailTelling you that you don't understand what you're talking about isn't an insult, much less when it's true. And yes, you are polemicizing, alongside an entire array of other bad discussion practices like repeating false information, not properly reading your own sources and the mentioned cherry picking.

What I hoped to achieve was to convince you that games in Germany are not subject to political censorship. But that should be pretty obvious, so I'm wondering why you're asking that.

I've backed up everything I said with links to sources, including some in your own language. Are you telling me that the sources are fake news? That the people I mentioned were not convicted and fined? That the law isn't applied selectively? That the selective application of the law isn't politically motivated? What exactly is your problem, Rebecca? Is it something personal? Did I hurt your patriotic feelings? If so, I apologize.

However, I will not continue this conversation if all I hear from you is "you don't know what you're talking about". Because you are calling into question my ability to read newspaper articles. And that I consider a personal insult. If you're hoping to drag me down onto that level, I'm afraid I have to disappoint you. We either continue in a respectful way, or not at all. Your call.
04 Jan 2021, 6:02pm
Sakashiro
Rebecca HailTelling you that you don't understand what you're talking about isn't an insult, much less when it's true. And yes, you are polemicizing, alongside an entire array of other bad discussion practices like repeating false information, not properly reading your own sources and the mentioned cherry picking.

What I hoped to achieve was to convince you that games in Germany are not subject to political censorship. But that should be pretty obvious, so I'm wondering why you're asking that.


I've backed up everything I said with links to sources, including some in your own language.


Those sources do not back what you claim they do. Additionally to that you made implications alongside that, that are plainly untrue, such as implicating that depicting Angela Merkel had anything to do with the verdict that was made.

In the end the only thing your sources back, is that a law was enforced and acted upon but not much more.

You don't need to provide sources in my own language, English is fine and that way it guarantees that no misunderstandings happen due to a faulty machine translation.


Are you telling me that the sources are fake news?


See above. Sources don't need to be fake news to be misinterpreted.


That the people I mentioned were not convicted and fined?


They were. In accordance to the law they broke.


That the law isn't applied selectively?


It is. In accordance to the exemptions defined within the law and the fundamental rights granted by the german basic law. That's not a politically motivated selection, it is a selection on a legal basis.


That the selective application of the law isn't politically motivated?


See above.


What exactly is your problem, Rebecca?


My problem is you making assumptions and repeating falsehoods. One of your original claims was that video games in Germany are subject to political censorship, which they are not. That is the entire point of this conversation.


Is it something personal? Did I hurt your patriotic feelings? If so, I apologize.


There's no need to apologize. You didn't insult me nor am I particularly patriotic.


However, I will not continue this conversation if all I hear from you is "you don't know what you're talking about". Because you are calling into question my ability to read newspaper articles. And that I consider a personal insult. If you're hoping to drag me down onto that level, I'm afraid I have to disappoint you. We either continue in a respectful way, or not at all. Your call.


It was never my intention to insult you.

And with all due respect but "you don't know what you're talking about" was far from all you heard from me. My responses were quite lengthy and covered a lot of what you said. A lot of what I said is backed by the sources you posted.

The German law and the judicial system are insanely complex, because it relies on precedence and common interpretations a lot. Large parts of the law are vaguely formulated to give courts leeway for a decision on a case-by-case basis. Political censorship in Germany is even more complex because it ties deep into the fundamental principles of the Federal Republic of Germany and the german judiciary.
04 Jan 2021, 6:37pm
What a strange argument. A non-German cherry-picking cases to try and win against two actual Germans.

How odd.
04 Jan 2021, 7:33pm
Rebecca HailThose sources do not back what you claim they do.

What exactly did I claim that they did not back up?

Rebecca HailAdditionally to that you made implications alongside that, that are plainly untrue, such as implicating that depicting Angela Merkel had anything to do with the verdict that was made.

What verdict are you talking about?

Rebecca HailIn the end the only thing your sources back, is that a law was enforced and acted upon but not much more.

No, my sources back up that Merkel + swastika led to convictions, while Gauland + swastika and Trump + Nazi salute got a pass. Regardless of your opinion about Mr. Gauland or Mr. Trump, this is selective application of the law.

Rebecca Hail

That the law isn't applied selectively?

It is. In accordance to the exemptions defined within the law and the fundamental rights granted by the german basic law. That's not a politically motivated selection, it is a selection on a legal basis.

Please explain the legal difference between Trump/Gauland + swastika/Nazi salute on one hand and Merkel + swastika on the other.
04 Jan 2021, 7:37pm
XeknosWhat a strange argument. A non-German cherry-picking cases to try and win against two actual Germans.

How odd.


The whole discourse is a little odd. Bless them both for their stamina though!
04 Jan 2021, 7:42pm
XeknosWhat a strange argument. A non-German cherry-picking cases to try and win against two actual Germans.

How odd.

Yes, usually it's the other way around.
04 Jan 2021, 7:52pm
Sakashiro
Rebecca HailThose sources do not back what you claim they do.


What exactly did I claim that they did not back up?

Rebecca HailAdditionally to that you made implications alongside that, that are plainly untrue, such as implicating that depicting Angela Merkel had anything to do with the verdict that was made.


What verdict are you talking about?


SakashiroIf you depict Angela Merkel with a swastika, German courts will convict and fine you.


https://inara.cz/board/11391/374794/#374794

This claim for example. You fail to realize that Angela Merkel herself had nothing to do with that verdict. Had he instead depicted Donald Trump or Alexander Gauland with a swastika in that same court case the verdict would have been the same.

In light of this, the Court considered that the domestic courts could not be reproached for not finding any connection with the text and the policies which the Nazi symbols stood for, nor could it be reproached for concluding that Mr. Nix had used the picture as an “eye-catching device”. It added that this “gratuitous use of symbols was exactly what the provision sanctioning the use of symbols of unconstitutional organisations was intended to prevent, as it was meant to pre-empt anyone becoming used to certain symbols by banning them from all means of communication”. [para. 54] The Court held it had no reasons to depart from the assessment of the domestic courts that Mr. Nix had not clearly and obviously rejected Nazi ideology in his blog post.


https://globalfreedomofexpression.columbia.edu/cases/hans-burkhard-nix-v-germany/


Rebecca HailIn the end the only thing your sources back, is that a law was enforced and acted upon but not much more.


No, my sources back up that Merkel + swastika led to convictions, while Gauland + swastika and Trump + Nazi salute got a pass. Regardless of your opinion about Mr. Gauland or Mr. Trump, this is selective application of the law.

Rebecca Hail
It is. In accordance to the exemptions defined within the law and the fundamental rights granted by the german basic law. That's not a politically motivated selection, it is a selection on a legal basis.


Please explain the legal difference between Trump/Gauland + swastika/Nazi salute on one hand and Merkel + swastika on the other.


The Court noted that, under German law, no criminal liability arose where the use of symbols of unconstitutional organisations was meant to serve civil education, to combat unconstitutional movements, to promote art or science, research or teaching, to report on current or historical events, or serve similar purposes. Moreover, the Court observed that the German Courts restricted the scope of these exceptions to uses that did not contravene the provision’s purpose, including where it was obvious and clear that the person using the symbol is opposed to the ideology behind it. The Court considered that “exemption from criminal liability where opposition to the ideology embodied by the used symbol is ‘obvious and clear’ constitutes an important safeguard for the right to freedom of expression.”


Same source as above. To 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 general attorney refused to investigate because of the outdated precedence and thus the legal framework changed.

The display of Trump with the nazi salute is covered under the exception of reporting on current or historical events and freedom of arts. I googled about this a bit, but couldn't find any source that explored the legal implications of this cover. I suppose though that the Stern had it's own lawyers make sure that they're not overstepping the line before releasing the cover.
04 Jan 2021, 8:48pm
Rebecca Hail
Sakashiro
Rebecca HailBy declaring an entire country a banana republic



That's not what I did, but feel free to continue misquoting me.



Stop cherry picking, Saka. If you want to respond, respond to the entire post or just admit that you don't know what you're talking about.



It's still killing me how eerily familiar this conversation is going.

04 Jan 2021, 9:24pm
Effie Trinket
XeknosWhat a strange argument. A non-German cherry-picking cases to try and win against two actual Germans.

How odd.



The whole discourse is a little odd. Bless them both for their stamina though!


04 Jan 2021, 9:29pm
XeknosWhat a strange argument. A non-German cherry-picking cases to try and win against two actual Germans.

How odd.


Why 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...

04 Jan 2021, 9:50pm
Rebecca 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.

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.

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