[Clipart] Nazi flag - final post on issue

Christian Fredrik Kalager Schaller uraeus at linuxrising.org
Fri Aug 5 07:57:06 PDT 2005

As mentioned by Bryce and others and also viewable on among other places
the plans for the Document Management system, yes issues like this will
be taken care of by the tagging system planned.

But also so I have is posted in public so there need to be No More 
Bogus Claims posted on it, here is the German law in question:

Article 86a of the German penal code states:

             1. There is a charge of up to three years in prison or a
                financial fee for: 
                     1. publishing symbols of an organization hostile to
                        the constitution, or using these symbols
                        publicly in meetings or publications.
                     2. importing, exporting using, publishing,
                        distributing or producing items with these
                        symbols domestically or internationally. 
             2. symbols are flags, buttons, uniforms, slogans and forms
                of greetings. Included are variations that are extremely
                similar to the original ones.
             3. Excepted are the use of these symbols for public
                education, prevention of hostile actions against the
                constitution, the use in art, science, schooling, news
                reports, historical reports and the like.

Non-nazi's downloading OCAL would have a pretty hard time in my opinion
not being covered by exception clause listed as item 3. In fact you can
claim that 'the use in art' cover OCAL itself, the word clipART should
actually be a hint.

So the next time someone wants to post about the legality of that flag
in German law, please point them to this email in the archive.


On Fri, 2005-08-05 at 16:45 +0200, Omar Abo-Namous wrote:
> Hi,
> i've been following this topic all the time (including that pr0n-topic). 
> I agree with those who say, we shouldn't censor too much, but should tag 
> all items. Also there should be a mechanism to say, i only want to 
> download/view items outside this tag-"area".
> Living in Germany, i fear i can't download the OCAL because of the 
> nazi-flag, that is strictly forbidden in Germany. I cann see that some 
> would like to use it (for whatever reasons..), but at the same time we 
> should be aware of the legal implications.
> One option would be to distribute packages and to be able to update 
> these packages with tagged-packages. So, i want to download the OCAL and 
> select all the categories, i want to be included, then i select the 
> tag-categories i want to be included too..
> Thank you very much for your work.
> cya. Omar Abo-Namous
> Open Clip Art Library Feedback Form wrote:
> >Name: wos
> >E-mail: scheuing at realss.com
> >
> >
> >With search keyword "Germany" appears a nazi flag. Please remove this
> >flag. 
> >
> >Nobody needs such a flag. It is a sign for a cruel regime. Why do you
> >offer this flag???
> >
> >_______________________________________________
> >clipart mailing list
> >clipart at lists.freedesktop.org
> >http://lists.freedesktop.org/mailman/listinfo/clipart
> >
> >
> >  
> >
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> clipart at lists.freedesktop.org
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