Hmm you may be right. I did not think of it that way. If just having it on the website counts as advertising gog can not sell it. Great input thanks :-)

And for Australia, if a publisher decides not to try to get the game published in Australia, GOG blocks the sale so that it's not distributing a product that's not even published there?

They could at least introduce an age verification process and add a 18+ category thats available once the age is verified... But since people have been asking for this on Steam for ages i guess it won't happen here either. Thats... not great.

I thought the digital age was supposed to solve ALL OUR PROBLEMS!

Because of your country laws...

Sometimes the law is the law. Don't fuck with Dredd man!

It doesn't even apply for confiscated (some would call them banned) games as the import, buying and owning is allowed in Germany. Selling is also allowed but very limited regarding germany's highest court (BGH).

I suggest this article
http://www.gamestar.de/specials/reports/3083170/jugendschutz_in_deutschland.html

Oh, thank you for the clarification.

I must admit that seems.... bizarre. It's banned, but you can buy it and own it as long as you did so outside Germany even if you then return to Germany?

Back the MJ example, it's not only illegal for me to buy it, it's illegal for me to possess it. As it is other things that are banned. I guess our two cultures use of the term "banned" is a bit different. See, if I physically travelled to Colorado and purchased some MJ, I could still be arrested if I brought it back to my home state (Virginia).

DISCLAIMER:
Not to threadjack, but if any residents of any of the various states that have legalized versions of MJ sales in the US are reading, I will give you the same warning I give to my family and all of my friends. Even though your state may have passed MJ legalization, IT IS STILL AGAINST FEDERAL LAW to sell, grow, or possess, which applies in all US states and territories.

That is what I said. You are allowed to buy and import them...

Well it's of course different with other "banned" things like drugs or firearms. The legal term for banned games, books, movies is "confiscated". Basically, it's forbidden "to pass them on". Buying them abroad and bringing them back is not a problem anymore - a few years ago the media would really have been confiscated if caught at the border. Bringing more than one copy is a problem though since it's suspected that you want to "pass" at least some of them "on". I have friends who are collectors and routinely have the problem if this suspicion when ordering/bringing several different versions of the same title.

Germany is a bit special with this. Basic Law for the Federal Republic of Germany does not allow censorship as you can read in Article 5 [Freedom of expression] "Every person shall have the right freely to express and disseminate his opinions in speech, writing, and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship." (means pre-censorship). Post censorship is allowed up to a certain point this is why games, movies, books, music and so on can get indexed by the BPjM. Indexed only means that those media isn't allowed to be sold and advertised in places minors have access but adults are of course allowed to buy it. Indexed media is handled like porn in most countries (compare it with adult stores in the US).
In Germany there is also the possibility (sadly it is there) that media can get sales restricted by a court (after it was indexed) this affects the sales to a point which basically disallows them (person to person is allowed as example) also advertising is banned then but again you are allowed to import, buy and of course to own those media.

What many people also don't know there is no need for a age verification in Germany if a game is unrated it is automatically rated 18 nothing else (no restrictions).

German laws do only affect shops placed in Germany of course like US laws only affect shops in the US. If you buy something somewhere else you are only protected and affected up to a certain degree by the laws of your country.

Does Anyone want the Uncencored English Version of I Have No Mouth, and I Must Scream?

Doesn't GOG advertise itself being DRM free? Why do they offer Commandos then? You can't start the game with german system language which is basically DRM.

That example would fall under interstate commerce, which of course is different from international commerce. So here's another example: suppose I import a switchblade from the US to the UK.

Well, tough luck for me if Customs confiscate it, or it slips through but the police catch me with it. But will they go after the supplier in the US...?

That's why some of us are perplexed about why GOG, which has no German or Australian legal presence, should be (criminally?) liable under German or Australian censorship law. Australia isn't even part of the EU.

Maybe there's also pressure from publishers?