Subject:
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Re: New Terms of Use for LUGNET
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Newsgroups:
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lugnet.admin.terms
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Date:
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Tue, 19 Sep 2006 19:47:15 GMT
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Viewed:
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4871 times
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In lugnet.admin.terms, Bruce Hietbrink wrote:
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I guess I’m okay with Rene’s description, but as Didier said, this will come
down to theory vs practice. I’m sure there would be no problem with
something
like a battle scene.
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You’re right, that’s not an issue, NFW.
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Let’s jump straight to the hard cases, then. What does this new
version of the ToU say about discussions of things like Block Death (hmm, the
url is dead - does this site still exist?)
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I guess I know it, one could consider it as “bad taste”, but as far as I
remember, it was made too simple to be seriously glorifying violence.
It launched a discussion, but definitive is provoking art. At least it was
elevating to an art, so no big deal.
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some people have built MOCs based on contemporary
events as sort of political commentary. Could someone build an Abu Ghraib
MOC similar to the Zbigniew creations as some sort of comment on the current
debate in the US of the treatment of prisoners accused of terrorism?
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He/she could do so and it would be absolutely fine with the ToU.
I fear, that either my translation of what is called “glorifying violence” in
German law was not clear enough, or the two words “glorifying violence” per se
are not good enough by half describing the meaning of the german analogy
“gewaltverherrlichend”. If someone is “gewaltverherrlichend” (glorifying
violence), he’s showing violence very detailed AND he’s showing it much
more extensive as necessary AND he’s showing it solely for amusement AND at
the same time he sickly belittles it - all told at once. And this is hard to
accomplish for someone who’s not addle-brained.
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One question, Rene. On Classic-Castle we simply ban members under 13 years
old. Under our understanding, this helps us to avoid certain restrictions
under U.S. law protecting minors. Would German law afford a similar
solution? That is, do the restrictions you list affect all sites hosted in
Germany, or only those with underage members?
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For the same restrictions as in LUGNET’s ToU:
The following restrictions affect all sites hosted in Germany:
to not provide s.th. which is...
...unlawful, or
...threatening (regarding a particular person), or
...abusive (regarding a particular person), or
...libelous (regarding a particular person), or
...defamatory (regarding a particular person), or
...racist
The following restrictions affect all sites, that cannot ensure that visitors
are at least 18 years old:
to not provide s.th. which is...
...obscene, or
...pornographic, or
...violence glorifying
These aren’t essential restrictions for German sites:
no vulgar or profane material (but of course, a site-owner can decide to forbid
it)
As for the need to ban kids under a certain age from visiting a site: No, we
don’t have to do so. In Germany, we have something which is called
“Aufsichtspflicht” = Parent has custody of child. So that’s not my business :-)
I hope this clarified things a bit,
Leg Godt!
Rene
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Message is in Reply To:
 | | Re: New Terms of Use for LUGNET
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| (...) Hey, I guess I'm okay with Rene's description, but as Didier said, this will come down to theory vs practice. I'm sure there would be no problem with something (URL) a battle scene>. Almost everthing I could imagine would fall into this realm. (...) (18 years ago, 19-Sep-06, to lugnet.admin.terms, FTX)
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