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DanTheKraut: Before GOG gets indexed North Korea will be a democracy. Steam would be the first candidate for this and a few other shops too.
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toxicTom: Actually it's pretty easy to get it indexed. Screenshot with GOG Commandos page in German. Send to BPjM. Wait one month. How do you think all the porn and Nazi pages get indexed?
Well it is not that easy as you think. Not everyone can suggest the BPjM to start to have a look at something only certain "institutes" can do this (I know one case a teacher named "Christa Jenal" was responsible for several indexed music albums)
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EBToriginal: On this topic, it's worth noting the DEA has less than 6000 field agents nationwide so if you aren't doing something big no one is looking for you.
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Tannath: It doesn't take a DEA agent to arrest you.
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DanTheKraut: Steam is also based in Luxembourg ;)
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Tannath: Aren't they US based?
Steam is based in the US but also in Luxembourg which is part of the EU. Facebook is also based in Ireland as example.
Post edited February 26, 2015 by DanTheKraut
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Ciris: Update text:

"Two games from our catalog had to be made unavailable in Germany: Commandos Ammo Pack and Commandos 2+3. Offering or promoting these games is considered a serious criminal offence according to German law, and we have to abide by this law to avoid the risk of serious legal action taken against GOG.com and GOG.com employees. Rest assured that if you've already bought a game - nothing will retroactively disappear from your shelves."
Which is not really true. As an adult, I'm allowed to buy banned games from a foreign store and import them to Germany (as long as I don't resell or distribute them). And GOG is a foreign store after all.

If the German version of GOG suddenly makes it a German store from a juridical point of view, then I would recommend to take down that version of the store immediately. It's not really needed anyway. About 90% of the Germans should understand English well enough to have no problems with the international section.
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EBToriginal: Correct and the number of federal agents with detainment powers who don't have better things to do when they are out in the field is actually vanishingly small. The chances of a federal agent picking you up if you are abiding by state laws in OR or WA is exactly at 0% currently.
Well, I am threadjacking now, but the 0% figure is demonstrably false. I don't have links on the top of my head, but there have several federal actions in the state of Colorado since it was legalized there, and also too in California (where it's legal for medicinal purposes) where sellers have been raided.

I too believe that in most states where it's "legal," if you're not doing anything outrageous you're probably fine. But the fact remains that could change at any time without warning. And, IIRC, Oregon's law had a possession amount of 10 ounces. (I follow the "Just Say Now" site, dedicated to ending the stupid prohibition, and try to keep up) If it were me, I would not ever test that 10 ounce amount in Oregon. That's enough to warrant federal trafficking charges, and IMO it's not worth the risk, even if the likelihood of getting charged is near your suggested 0%.
Post edited February 26, 2015 by OldFatGuy
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Don't worry people! The "BAY" is back on business! Or perhaps you are the badass, *kickass* type? Locked out regionally? Prohibited from buying the game?? Worry not. Even developer themselves said to pirate their own game, if it is not legally available to gamer's country and said gamer wants to play it (hotline miami 2).

Start torrenting!
Post edited February 26, 2015 by KiNgBrAdLeY7
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PaterAlf: If the German version of GOG suddenly makes it a German store from a juridical point of view
It seems unlikely, especially since Austrians and some Swiss speak German too. (And surely the English language GOG.com can't be Australian from a juridical point of view...) At the moment the 'heightened risk of getting noticed' theory seems least unlikely.

If it weren't for the Hotline Miami case I'd have guessed that maybe the risk of a European Arrest Warrant was involved, since it often permits extradition for things that aren't a crime in the state executing the warrant; but as it is...
Post edited February 26, 2015 by VanishedOne
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Ciris: We've updated the "Herzlich Wilkommen" post with information about the locked games.

Update text:

"Two games from our catalog had to be made unavailable in Germany: Commandos Ammo Pack and Commandos 2+3. Offering or promoting these games is considered a serious criminal offence according to German law, and we have to abide by this law to avoid the risk of serious legal action taken against GOG.com and GOG.com employees. Rest assured that if you've already bought a game - nothing will retroactively disappear from your shelves."
Total BS! If you want to follow the german laws do it completely or don't do it at all! As a german customer I have enough of all this lack of knowledge about our laws other shops have.

Starting your "german" store was the worst decision you made!

Also it will end the same way it ended with Bethesda and Square Enix = massive shitstorm and lack of sales in Germany!
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KiNgBrAdLeY7: Don't worry people! The "BAY" is back on business! Or perhaps you are the badass, *kickass* type? Locked out regionally? Prohibited from buying the game?? Worry not. Even developer themselves said to pirate their own game, if it is not legally available to gamer's country and said gamer wants to play it (hotline miami 2).

Start torrenting!
i am so mad at you now grrrrr very mad killing gaming,etc. grrrrr damn you and such grr
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KiNgBrAdLeY7: Don't worry people! The "BAY" is back on business! Or perhaps you are the badass, *kickass* type? Locked out regionally? Prohibited from buying the game?? Worry not. Even developer themselves said to pirate their own game, if it is not legally available to gamer's country and said gamer wants to play it (hotline miami 2).

Start torrenting!
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realkman666: i am so mad at you now grrrrr very mad killing gaming,etc. grrrrr damn you and such grr
While his constant advertisements for piracy are a bit tiring, he actually has a point. If people ( from Germany, Australia, wherever ) want a certain game, but they no longer have the option to buy a legitimate copy, they'll just get it elsewhere. They'll still play it, but the store and developer will earn less money. It's all pretty pointless and kind of a Lose/Lose situation for everyone. :(

Perhaps more importantly, aside from locking games, does this mean that GOG will also only sell special censored versions of games to countries such as Germany?

Because I find censored games as bad or worse as games with annoying DRM, and I'm not going to buy a single censored copy, and suspect most other GOG users from Germany ( or other countries ) feel the same way.
Post edited February 26, 2015 by CharlesGrey
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Ciris: We've updated the "Herzlich Wilkommen" post with information about the locked games.

Update text:

"Two games from our catalog had to be made unavailable in Germany: Commandos Ammo Pack and Commandos 2+3. Offering or promoting these games is considered a serious criminal offence according to German law, and we have to abide by this law to avoid the risk of serious legal action taken against GOG.com and GOG.com employees. Rest assured that if you've already bought a game - nothing will retroactively disappear from your shelves."
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DanTheKraut: Total BS! If you want to follow the german laws do it completely or don't do it at all! As a german customer I have enough of all this lack of knowledge about our laws other shops have.

Starting your "german" store was the worst decision you made!

Also it will end the same way it ended with Bethesda and Square Enix = massive shitstorm and lack of sales in Germany!
I recommend this article:
http://www.it-recht-kanzlei.de/Thema/verkauf-computerspiele.html

And lack of sales...
If there are a couple (currently 2) games that GOG cannot sell in Germany any more (or not in their uncensored form), do you really think they made so much profit with these two games that the new customers they'll gain with having their site in German won't make up for that?

And another thing:
This was coming any way. With GOG growing it'll have to abide by the laws of the countries they sell in more and more because they are seen as "conducting business" there.
This does make them vulnerable not only for punishment by penal law but also for lawsuits by their competitors if they sell a game in a country in a way they're not allowed to. And those law suits can be very, very costly. Know any site that abides by regional restrictions and might want to sue GOG with glee?

As long as a company is quite small, selling the occasional banned game to Germany is fine (while selling the bulk to other countries), because you're still considered a foreign vendor.
But as soon as that business grows or becomes a bigger part of your business, these things change. You don't even need a German web presence for that.
Post edited February 26, 2015 by Piranjade
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Piranjade: As long as a company is quite small, selling the occasional banned game to Germany is fine (while selling the bulk to other countries), because you're still considered a foreign vendor.
But as soon as that business grows or becomes a bigger part of your business, these things change. You don't even need a German web presence for that.
You might try to tell that amazon.co.uk to stop them selling bad nazi games to us germans.
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DanTheKraut: Total BS! If you want to follow the german laws do it completely or don't do it at all! As a german customer I have enough of all this lack of knowledge about our laws other shops have.

Starting your "german" store was the worst decision you made!

Also it will end the same way it ended with Bethesda and Square Enix = massive shitstorm and lack of sales in Germany!
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Piranjade: I recommend this article:
http://www.it-recht-kanzlei.de/Thema/verkauf-computerspiele.html

And lack of sales...
If there are a couple (currently 2) games that GOG cannot sell in Germany any more (or not in their uncensored form), do you really think they made so much profit with these two games that the new customers they'll gain with having their site in German won't make up for that?

And another thing:
This was coming any way. With GOG growing it'll have to abide by the laws of the countries they sell in more and more because they are seen as "conducting business" there.
This does make them vulnerable not only for punishment by penal law but also for lawsuits by their competitors if they sell a game in a country in a way they're not allowed to. And those law suits can be very, very costly. Know any site that abides by regional restrictions and might want to sue GOG with glee?

As long as a company is quite small, selling the occasional banned game to Germany is fine (while selling the bulk to other countries), because you're still considered a foreign vendor.
But as soon as that business grows or becomes a bigger part of your business, these things change. You don't even need a German web presence for that.
Lack of slaes considering their whole store not only those 2 products. About your article I don't need to read it as I know very well what is allowed and what not.

It is very funny they speak of a criminal offense but on the other hand they violating the german laws in this moment.
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Ciris: We've updated the "Herzlich Wilkommen" post with information about the locked games.

Update text:

"Two games from our catalog had to be made unavailable in Germany: Commandos Ammo Pack and Commandos 2+3. Offering or promoting these games is considered a serious criminal offence according to German law, and we have to abide by this law to avoid the risk of serious legal action taken against GOG.com and GOG.com employees. Rest assured that if you've already bought a game - nothing will retroactively disappear from your shelves."
As far as I know Commandos 2 and 3 were never on the index of the BPjM. If it was there wouldn't be loads of copies be offered for sale at the German marketplaces of amazon and ebay.
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DanTheKraut: Lack of slaes considering their whole store not only those 2 products. About your article I don't need to read it as I know very well what is allowed and what not.

It is very funny they speak of a criminal offense but on the other hand they violating the german laws in this moment.
It's not "funny". Step back for a moment and think what is happening here. You're actually saying it yourself.

What GOG is doing here (as I see it) is actually pretty great, I think. And I hope German users realise the chance they are being given.
Use it, while it lasts!

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dx1: As far as I know Commandos 2 and 3 were never on the index of the BPjM. If it was there wouldn't be loads of copies be offered for sale at the German marketplaces of amazon and ebay.
German, censored copies.
Yes, those are freely available in Germany.
Post edited February 26, 2015 by Piranjade
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KiNgBrAdLeY7: Don't worry people! The "BAY" is back on business! Or perhaps you are the badass, *kickass* type? Locked out regionally? Prohibited from buying the game?? Worry not. Even developer themselves said to pirate their own game, if it is not legally available to gamer's country and said gamer wants to play it (hotline miami 2).

Start torrenting!
Do you know how fucking annoying you are man?
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dx1: As far as I know Commandos 2 and 3 were never on the index of the BPjM. If it was there wouldn't be loads of copies be offered for sale at the German marketplaces of amazon and ebay.
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Piranjade: German, censored copies.
Yes, those are freely available in Germany.
Well, it still seems like commandos 2 & 3 weren't banned at all:

http://www.blood-is-red.de/mw/index.php/Liste_indizierter_Spiele
http://www.blood-is-red.de/mw/index.php/Liste_beschlagnahmter_Spiele