Re: Bug#283976: ITP: simnazi -- historical city simulation game, clone of Sim City

2004-12-03 Thread Martin Wuertele
* Josselin Mouette [EMAIL PROTECTED] [2004-12-02 19:00]:

 SimNazi is an isometric city simulation. The object of SimNazi is to keep
 your citizens under your thumb, and manage to generate enough resources
 and soldiers to withstand the hardships of WWII. 
 
 The game play is centered around what if hitler had developed Nuclear
 Weapons first?, or What if the Nazi army had beed supplied better and
 the allies were unable to discontinue their supply chain?. It is the
 Goal of SimNazi to be as historicaly accurate as possible.

Even if the upstream hompage states IS NOT RACIST OR TO BE INTENDED AS
SUCH I think this qualifies for a violation of the Austrian
Verbotsgesetz 1947, veröffentlicht im StGBl. Nr. 13/1945 idF.: BGBl. Nr.
148/1992

Nach § 3g wird auch bestraft, wer in einem Druckwerk, im Rundfunk oder
in einem anderen Medium oder wer sonst öffentlich auf eine Weise, daß es
vielen Menschen zugänglich wird, den nationalsozialistischen Völkermord
oder andere nationalsozialistische Verbrechen gegen die Menschlichkeit
leugnet, gröblich verharmlost, gutheißt oder zu rechtfertigen sucht.

That translates as:

Prosecuted according to sec. 3g will be who publishes denial,
belittlement, approval or compurgation of the national socialist
genocide via print-media, broadcast or in any other media or in a way
that is accessible for a lot of people.

In Austria e.g. Wolfenstein 3D was censored as the display of
Nazi-Symbols already qualified as violation of the Verbotsgesetz.

and § 3g states:

[...] sofern die Tat nicht nach einer anderen Bestimmung strenger
strafbar ist, mit Freiheitsstrafe von einem bis zu zehn Jahren, bei
besonderer Gefährlichkeit des Täters oder der Betätigung bis zu 20
Jahren bestraft.

That translates as:

[...] unless the action is not penalized stricter by another clause, it
is penalized with prison sentence of one to ten years, in case of
particular dangerousness of the committer of of the actuation woth up to
20 years.


Conclusion:

If SimNazi is included into the main archive and distributed to Austrian
mirrors this would put our fellow mirror sponsors and the project itself
including our DPL, who is Austrian, in danger of imprisonment. 


Full text of the law is available at
http://www.unet.univie.ac.at/~a9806511/materialien/verbotsgesetz.htm
http://www.dagegenhalten.at/files/Verbotsgesetz.pdf
http://www.antifa.co.at/antifa/nsverbot.PDF

yours maxx
p.s. please cc me as I'm not subscribed to debian-legal
-- 
[EMAIL PROTECTED]  Debian GNU/Linux - The Universal Operation System


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Re: Bug#283976: ITP: simnazi -- historical city simulation game, clone of Sim City

2004-12-03 Thread Andrew Suffield
On Fri, Dec 03, 2004 at 03:05:17PM +0100, Martin Wuertele wrote:
 Prosecuted according to sec. 3g will be who publishes denial,
 belittlement, approval or compurgation of the national socialist
 genocide via print-media, broadcast or in any other media or in a way
 that is accessible for a lot of people.

I don't see any reason why we should pander to the insanely fascist
censorship policies of an obscure state.

 Conclusion:
 
 If SimNazi is included into the main archive and distributed to Austrian
 mirrors this would put our fellow mirror sponsors and the project itself
 including our DPL, who is Austrian, in danger of imprisonment. 

I am quite sure that I am in no danger of imprisonment by the Austrian
Gestapo, any more than I am by the Libyan regime. The whole reason why
we have armies is to protect us from these oppresive powers. Therefore
there's no reason to think they are somehow a threat to the project.

People unlucky enough to have been born under such a government will
just have to look after themselves. They have many options available
to them.


All this is stunningly irrelevant though, given that Austria is a
member of the EU these days, and this law is a blatant breach of
Article 10 of the European Convention on Human Rights. So it's invalid
and should get struck down. Any European citizen who is afflicted by
this law can and should appeal to the European Court of Human Rights,
who routinely overturn this sort of thing. Quoting from Karhuvaara and
Iltalehti v. Finland (nothing special about it, just the most recent
judgement on a claim against Article 10 with an English
transcription):

37.  According to the Court's well-established case-law, freedom of
 expression constitutes one of the essential foundations of a
 democratic society and one of the basic conditions for its
 progress and each individual's self-fulfilment. Subject to
 paragraph 2 of Article 10, it is applicable not only to
 information or ideas that are favourably received or regarded
 as inoffensive or as a matter of indifference, but also to those
 that offend, shock or disturb. Such are the demands of pluralism,
 tolerance and broadmindedness, without which there is no
 democratic society. This freedom is subject to the exceptions
 set out in Article 10 § 2, which must, however, be construed
 strictly. The need for any restrictions must be established
 convincingly (see, for example, Lingens v. Austria, judgment of 8
 July 1986, Series A no. 103, p. 26, § 41, and Nilsen and Johnsen
 v. Norway [GC], no. 23118/93, § 43, ECHR 1999-VIII).

Which should give a fair indication of their opinion about this sort
of thing.

Using their search tool for appeals against Austria under Article 10
makes for amusing reading. Apparently they do this sort of thing a
lot. Most of them are upheld.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
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Re: Bug#283976: ITP: simnazi -- historical city simulation game, clone of Sim City

2004-12-03 Thread Evan Prodromou
On Fri, 2004-03-12 at 17:05 +, Andrew Suffield wrote:

 The whole reason why
 we have armies is to protect us from these oppresive powers. Therefore
 there's no reason to think they are somehow a threat to the project.

Yes. One of the reasons we have hundreds of developers in Debian is for
just this kind of situation. If we ever need to execute military
manoeuvres against a sovereign state, we have the manpower to do so.

The question now becomes whether or not to make a preemptive strike
against Austria. If so, do we commit ground troops, or just make
surgical air strikes on Vienna and environs?

 All this is stunningly irrelevant though, given that Austria is a
 member of the EU these days, and this law is a blatant breach of
 Article 10 of the European Convention on Human Rights.

Yeah, whatever. Blah blah blah. Please tell us more about the
composition of the atmosphere on Planet Libertaria.

For those of us discussing issues on Earth: our experience as a project
with silly national laws has been fairly pragmatic (cf. non-US mirrors).
I don't think it's feasible for us to create separate non-at, non-cn,
non-za, etc. package repositories. It'd just be ridiculous for users in
one country to assemble a sources.list from lists of packages that may
or may not be illegal in the 189 other sovereign nations.

BUT... I wonder if there's a way to invert that process, and allow
mirror operators to (automatically) exclude packages they feel put them
in legal jeopardy. I'm not particularly familiar with our mirroring
tools; can mirror operators define a blacklist of packages to ignore
and not redistribute?

~ESP

-- 
Evan Prodromou [EMAIL PROTECTED]


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Re: Bug#283976: ITP: simnazi -- historical city simulation game, clone of Sim City

2004-12-03 Thread Raul Miller
On Fri, Dec 03, 2004 at 01:45:33PM -0500, Evan Prodromou wrote:
 I don't think it's feasible for us to create separate non-at, non-cn,
 non-za, etc. package repositories. It'd just be ridiculous for users in
 one country to assemble a sources.list from lists of packages that may
 or may not be illegal in the 189 other sovereign nations.

It would be feasible for us to put together a non-FOO meta repository.

Each package in the repository would have a list of country code
exclusions (where we believe the package is not ok) and inclusions (where
we believe the package is ok).  Individual operators would decide whether
they want to support the minimal set (believed to be ok in their country)
or the larger set (those not known to be problems).

Cross linking the repositories so they mirror each other in a robust
fashion would be a bit tricky (you need n-way replication which preserves
deletes, and you'd want to declare one of the servers as the master server
for each of the package+versions to make that work), but that's feasible.

This isn't something we support.  But, it's feasible.

-- 
Raul



Re: Bug#283976: ITP: simnazi -- historical city simulation game, clone of Sim City

2004-12-03 Thread Andrew Suffield
On Fri, Dec 03, 2004 at 01:45:33PM -0500, Evan Prodromou wrote:
  All this is stunningly irrelevant though, given that Austria is a
  member of the EU these days, and this law is a blatant breach of
  Article 10 of the European Convention on Human Rights.
 
 Yeah, whatever. Blah blah blah. Please tell us more about the
 composition of the atmosphere on Planet Libertaria.

We have these things called 'courts', where people actually have to
defend their arguments, rather than just screaming 'nazi' and
proceeding with the burning.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'  |
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