212
AdAptAtion in the Age of MediA ConvergenCe
severe physical or psychic suffering.” 35 Another criterion in this paragraph
is that the video game in question violates certain paragraphs in the StGB,
which deal with similar issues. 36
The most severe restriction, illegalization of sale and marketing of a video
game, results in confiscation (Einziehung). 37 Confiscations are issued by
court order. The first instance in these cases is a Local Court (Amtsgericht,
AG). A confiscation order requires that the video game violates criminal law,
usually in relation to the same paragraphs of the StGB listed in the JuSchG. 38
The restrictions to sales and marketing that are imposed by indexing
mean significant economic damage for the publishing companies of the
video games in question. 39 In order to avoid indexing and any subsequent
economic damage, there is an existing practice of exploratory talks between
the publishing companies and the USK. This practice is both recommended
by and criticized in the legal literature. 40 Such exploratory talks, as well
as implicit or explicit anticipation based on the publishing companies’
interpretations of relevant legislation, can be assumed to form the basis
for self-censorship of video games by their respective makers or adapters.
Only the German versions of the two recent Wolfenstein video games were
rated “not released for young people” by the USK, i.e. the localized German
versions of Wolfenstein: The New Order, and Wolfenstein: The Old Blood. 41 All
other German and non-German versions of Wolfenstein games were not
rated by the USK and subsequently indexed by the BPjM. In individual cases,
indexed games were also confiscated (Wolfenstein 3D and Wolfenstein) or
never even released in Germany (Wolfenstein RPG). 42 A closer description
35 Ibid., § 15, paragraph 2.
36 Ibid.
37 StGB, §§ 74 and 74d.
38 JuSchG, § 15, paragraph 2.
39 Kauert, “Computerrecht – Computerspiele,” 2:573, paragraph 180.
40 A recommendation can be found in ibid.; A critique can be found in: Theresia Höynck and
Christian Pfeiffer, “Verbot von “Killerspielen”? Thesen und Vorschläge zur Verbesserung des
Jugendmedienschutzes,” Zeitschrift für Rechtspolitik 40, no. 3 (2007): 93–94.
41 Bethesda Game Studios et al., Wolfenstein: The New Order (Bethesda Softworks, L.L.C., 2014);
MachineGames et al., Wolfenstein: The Old Blood (Bethesda Softworks, L.L.C., 2015).
42 Muse Software, Castle Wolfenstein (Muse Software, 1981): indexed (Bundesanzeiger, no. 97
(1987)); Muse Software, Beyond Castle Wolfenstein (Muse Software, 1984): the game has apparently not been rated, which gives it the same legal status as an indexed game; Inc. id Software,
Wolfenstein 3D (Apogee Software, Limited, 1992): indexed (Bundesanzeiger, no. 20 (1994)), and
conf iscated (AG München January 25, 1994); Inc. id Software, Wolfenstein 3d (Atari Corp.,
1994): apparently not rated, and confiscated (AG Berlin Tiergarten December 07, 1994); Inc. id
Software, Wolfenstein 3D (Imagineer Co., Limited, 1993): indexed (Bundesanzeiger, no. 20 (1994));
Inc. id Software and Stalker Entertainment, Wolfenstein 3D (BAM! Entertainment, Inc., 2002):
AdAptAtion in the Age of MediA ConvergenCe
severe physical or psychic suffering.” 35 Another criterion in this paragraph
is that the video game in question violates certain paragraphs in the StGB,
which deal with similar issues. 36
The most severe restriction, illegalization of sale and marketing of a video
game, results in confiscation (Einziehung). 37 Confiscations are issued by
court order. The first instance in these cases is a Local Court (Amtsgericht,
AG). A confiscation order requires that the video game violates criminal law,
usually in relation to the same paragraphs of the StGB listed in the JuSchG. 38
The restrictions to sales and marketing that are imposed by indexing
mean significant economic damage for the publishing companies of the
video games in question. 39 In order to avoid indexing and any subsequent
economic damage, there is an existing practice of exploratory talks between
the publishing companies and the USK. This practice is both recommended
by and criticized in the legal literature. 40 Such exploratory talks, as well
as implicit or explicit anticipation based on the publishing companies’
interpretations of relevant legislation, can be assumed to form the basis
for self-censorship of video games by their respective makers or adapters.
Only the German versions of the two recent Wolfenstein video games were
rated “not released for young people” by the USK, i.e. the localized German
versions of Wolfenstein: The New Order, and Wolfenstein: The Old Blood. 41 All
other German and non-German versions of Wolfenstein games were not
rated by the USK and subsequently indexed by the BPjM. In individual cases,
indexed games were also confiscated (Wolfenstein 3D and Wolfenstein) or
never even released in Germany (Wolfenstein RPG). 42 A closer description
35 Ibid., § 15, paragraph 2.
36 Ibid.
37 StGB, §§ 74 and 74d.
38 JuSchG, § 15, paragraph 2.
39 Kauert, “Computerrecht – Computerspiele,” 2:573, paragraph 180.
40 A recommendation can be found in ibid.; A critique can be found in: Theresia Höynck and
Christian Pfeiffer, “Verbot von “Killerspielen”? Thesen und Vorschläge zur Verbesserung des
Jugendmedienschutzes,” Zeitschrift für Rechtspolitik 40, no. 3 (2007): 93–94.
41 Bethesda Game Studios et al., Wolfenstein: The New Order (Bethesda Softworks, L.L.C., 2014);
MachineGames et al., Wolfenstein: The Old Blood (Bethesda Softworks, L.L.C., 2015).
42 Muse Software, Castle Wolfenstein (Muse Software, 1981): indexed (Bundesanzeiger, no. 97
(1987)); Muse Software, Beyond Castle Wolfenstein (Muse Software, 1984): the game has apparently not been rated, which gives it the same legal status as an indexed game; Inc. id Software,
Wolfenstein 3D (Apogee Software, Limited, 1992): indexed (Bundesanzeiger, no. 20 (1994)), and
conf iscated (AG München January 25, 1994); Inc. id Software, Wolfenstein 3d (Atari Corp.,
1994): apparently not rated, and confiscated (AG Berlin Tiergarten December 07, 1994); Inc. id
Software, Wolfenstein 3D (Imagineer Co., Limited, 1993): indexed (Bundesanzeiger, no. 20 (1994));
Inc. id Software and Stalker Entertainment, Wolfenstein 3D (BAM! Entertainment, Inc., 2002):