Lord_Kane: AHHH THIS EXPLAINS IT. Thanks JMich
Actually the indexing in Germany is even more complex:
1.) this stupid index is not even public (despite the government claiming so), it is only published in a journal you have to pay for (14 Euros). Reason: Publishing this list could mean a kind of advertising.
1.a) there are 4 lists.
2.) you have 2 laws for preventing dangers to youngsters:
2.a.) including immoral, brutalize somebody, call for crimes or race-heating and similar. (normal List)
2.b.) by definition in the List are things which are glorifying war, (STGB will be extra later), degrading the human dignity, show kids or teens in an unnatural sexual way and the best one: being obviously suitable to heavily endanger the progress of kids and teens to a fully independent and socially competent personalty.
So those games are just for adults. (simplifying a bit here ;) )
BUT you have games which are forbidden because of criminal Laws (STGB). Owning those things (games/music/whatever hence things) will get them confiscated. And of you publish them, prosecuted.
Examples for getting on this list:
First definition Pornography: The definition is based on court decision from 1969 and 1974. And a strict classification in ART and Pornography is not possible.
Pornography is automatically indexed and on a list. (for under 18)
second definition of pornography: (which is LAW-wise much clearer) sexual interaction based on violence, animals and kids.
Those are not only on a list, but they are getting followed up by law enforcement, so including possession is a offense.
And making both things available is considered a crime.
other examples (really hard to translate)
Use of objects propagation Organizations being declared against the German constitution, examples use of Nazi-symbols, flags, uniforms, greetings. This also includes parties being declared unconstitutional by the German SCOTUS/ supreme court.
Those things are also not just forbidden, they are a crime and to be confiscated.
Other things: denigrate the German flag, German colours or German anthem (which is already a joke in itself, as the ORIGINAL version of the anthem has to get castrated by the government/German supreme court) and that Germany is still not having a REAL official anthem. (never being voted upon or similar)
https://en.wikipedia.org/wiki/Deutschlandlied denigrating religious or ideological views (STGB) in a way to cause public unrest
And a few more.
https://en.wikipedia.org/wiki/Strafgesetzbuch_section_86a This is only a short and incomplete overview but gives you an idea WHY so many games are not allowed in Germany and WHY publishers/distributors are so careful about it. (as hinted above: making them available COULD already be a crime, even if you don't know it).
Sorry about the lengthy reply.
timppu: The issue wasn't about not being able to buy (more) games, but not being able to play games you've already purchased in the past.
Thanks for bringing this up, if a game is getting on the criminal list, it is retroactive, so yes you could loose the right to play a game. (or like you purchased it outside of Germany )
further EDIT:
And reporting about those games could be already seen as advertising and can make the review/article be classified as a crime as well.