Agayek said:
Therumancer said:
Once content has been declared illegal it's different. Most "user made content" has not been made illegal, and typically every piece of material to be "banned" must be reviewed individually. Thus, since your typical flash game is not likely to show up on the radar, as it will never get enough attention/complaints to get the government involved it's not a big deal. On the other hand "South Park" already got government attention, and this content was considered to be obscene, and banned in this areas. The user made patch allows access to this content, and is thus by definition illegal in a very real way because it's being used to spread obscene/banned material.
That's the big issue in this case, the ruling has already been made, like it or not.
You do realize that the censorship (in EMEA territory at least) was imposed by Ubisoft and not PEGI, right? PEGI gave it an 18+ rating
with the cut content in it, but before it could be released an Ubisoft bigwig or two came to Parker & Stone and told them to axe the parts that got cut in Australia for the EMEA release, for "reasons". There's nothing in it declared illegal or unsuited to be shown to the citizenry.
And even if there was, PEGI doesn't have any legal standing, as far as I know. It's an industry-agreed set of self-imposed standards, not a government bureau. There's absolutely no reason to think that something PEGI sees as "too obscene" to rate would be illegal.
It's a valid point depending on where you are talking about, however as I understand things in Australia the line has already been blurred as it was a major political matter just to get an 18+ label approved, and in the end it did very little. It seems the functional like between what's a private rating and a governmental rating have become incredibly blurred at least when it comes to imports (which this is), which is probably why Ubisoft decided to voluntarily submit to this censorship.
That said it's not just going to be a ratings issue, the bottom line is when Ubisoft brought this content onto the market they said "this content is not there" in getting it approved for Australian sales. That content is apparently there one way or another, whether it's in the games and able to be unlocked with a simple code modification/patch OR being smuggled into the country by being included in the patch. It becomes an import issue and goes beyond private regulation due to the understanding of the product being sold, especially when it was clearly stated that this content isn't in the game.
It's sort of like how if I ran a company that makes replicas of firearms for collectors, and get permission to sell my replicas in your country, your private consultants tell you based on what I show/tell them that it's okay. When my product shows up on the market it turns out I'm selling real guns, oh sure maybe I removed the firing pins or something, but the firing pins are easily obtainable by sending a SASE to a given address. The products I showed your reps which were incapable of being fired under any circumstances were not accurate to the product I'm actually selling.
Now granted, South Park isn't a gun, but it is the same kind of situation from an import perspective. If the content was simply locked out, instead of removed, and all someone needed was a quick patch to unlock it, that's far different than this information not being there at all. What's more if someone else is providing a way to get something that isn't approved, that becomes an issue.
Now you ARE correct that this probably wouldn't be as big a deal if this was say a product created within a given PEGI territory, it's not crossing any borders (electronically or otherwise) or being approved for general release within a market. Countries do not just allow any and all products to just enter their markets, and that represents the legal aspect of things, with information being presented for the approval coming from private consultants.
Again it's sort of the difference between someone's FLASH game and a product like this. If some kid decides to make a concentration camp simulator that glorifies Nazi atrocities through Germany nobody is likely to notice especially if he's not selling it. If he creates something similarly offensive (but not outright illegal) and decides to try and sell it, then the ratings bureaus refuse to give it a classification because it's so obscene, the only real pressure comes from what a business/political alliance can put on anyone who decides to carry that product. On the other hand when your coming across the border, you need permission to sell your goods in a way a citizen within a country does not, and thus the pretenses under which those goods are sold become a big deal, as does the understanding of the boards presumably advising the government in giving a rating.
I'm being long and rambling, but the bottom line is this still amounts to censorship. In the given areas South Park is only approved for distribution in a specific form, with certain content being omitted. Those who are finding ways if including that content are arguably involving in something akin to smuggling.
Not to mention that again, we're generally only hearing about what specific private groups said, I don't believe we've ever seen anything (at this point) about the import angle of things and what the understandings were when the product was allowed to be sold in these markets. For example I wouldn't be surprised if Ubisoft was told flat out by the government they wouldn't be allowed to "import" their product officially if they couldn't get the ratings down below a certain level.