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Posted on 2012-03-17 by IceBear

11:00 AM, a nice Saturday morning, nothing planned for the day, got plenty of time to surf the net and find out about missed stuff during the stressful week. Time to relax.
Oh hey, a new game has been released. "Kingdoms of Amalur: The Reckoning". Let's give it a try and download the demo on Origin:

"Unfortunately due to youth protection laws in Germany it isn't allowed to download this game during 6:00 AM and 11:00 PM." ("Leider darf dieses Spiel aufgrund des Jugendschutzgesetzes in Deutschland nicht zwischen 6:00 Uhr und 23:00 Uhr heruntergeladen werden.") - Origin Store

Seriously? I mean... seriously? I can't download it between those times? Am I allowed to play it at least once I downloaded it outside those times? So if a kid downloads the game during the night it's also able to play during the day then? What the fuck?
Hey, have you ever heard of SKIDROW? OK, let's not go there, yet.

It's not Electronic Arts' fault right? It's a German law, so it's the German government's fault. After reviewing the German law for the protection of the youth I didn't find anything that would clearly and definitely explain this ban of download during daytimes, though.

The USK rated "Kingdoms of Amalur: The Reckoning" 18+, so nobody under the age of 18 is allowed to buy the game in Germany. Aka only adults are allowed to buy it. Or in this case, download the demo? That's not even buying, what are we talking about here then? Distribution in general? Actually it's a digital distribution, so let's see.

The way I see it we have the following laws that are relevant:

Section 12 JuSchG subsection (3) basically says that every medium (film or game) that is rated for adults only is not allowed to be made available or sold to anybody under the age of 18:

"[...] dürfen einem Kind oder einer jugendlichen Person nicht angeboten, überlassen oder sonst zugänglich gemacht werden [...]" - Section 12 JuSchG subsection (3)

Section 12 JuSchG subsection (4) says something about limitations of "vending machines" which make films or games available, like location and access control. It also states that adult content (18+) is not allowed to be made available through "vending machines" at all in public spaces accessible by kids and teenagers:

"[...] nur aufgestellt werden, wenn ausschließlich nach § 14 Abs. 2 Nr. 1 bis 4 gekennzeichnete Bildträger angeboten werden [...]" - Section 12 JuSchG subsection (4)

Looking at this and assuming that Origin is a "vending machine" they wouldn't be allowed to make such games available at all regardless of the time since the Internet is public. Assuming it isn't considered a "vending machine", they aren't allowed to make it available for anybody under the age of 18 which would therefore conclude that they'd need some kind of age verification before making such games available.

Are you honestly saying that everybody under the age of 18 is always asleep during 11:00 PM and 6:00 AM? This is an age verification? Seriously? But hey, others do it exactly the same way:

"This show is unsuitable for teenagers under the age of 12. This clip is therefore only available between 8:00 PM and 6:00 AM." ("Diese Sendung ist für Jugendliche unter 12 Jahren nicht geeignet. Der Clip ist deshalb nur von 20 bis 6 Uhr verfügbar.") - ARD Mediathek

Where is this coming from? Am I missing something? Not to mention that "teenagers" under the age of 14 are not even considered "teenagers" by German law but are considered kids. What are "teenagers" under the age of 12 then? They are kids.
And not to mention that GeoIP, the whole concept and idea to find out from which country a certain website visitor is coming from is totally unreliable. There have been reports of people getting those messages even though they don't live in Germany or connect from within Germany. These laws do not apply to them.

Fuck GeoIP, fuck "national Internet" and get your head out of your asses. This is fucking ridiculous. Unless of course you don't want to make money?

Coming back to my previous question: have you ever heard of SKIDROW?

Update: Kreuvf found out where those ridiculous time periods are coming from. They are actually defined in a treaty, the State Treaty on Youth Protection in the Media ("Jugendmedienschutz-Staatsvertrag") which is also regulating digital distribution like the Internet. The JuschG apparently is only regulating physical media.

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