There was an interesting article recently in which a laywer talked about the swastika thing, too bad it was in German, since it could have cleared up a lot of confusion that people in and outside of Germany spread about this topic. What at least many Germans are still aware of is that the law not only allows the display of swastikas in documentaries, but also in works of art (that aren't nazi propaganda). In movies, for example, there is no censorship or ban because of swastikas. But even the claim that it's forbidden in videogames because they are not considered as art in Germany seems to have no actual grounds in reality.
From what I understood, there is exactly one court ruling against a videogame that displayed swastikas, and that is Wolfenstein 3D, way back in the early 90's. I don't know how it was justified, but according to that lawyer from the article, the verdict did not mention the criterion of "art" at all. The ban of Wolfenstein 3D was not justified by any claim that it's not art. And all censorship that followed seems to be the work of publishers trying to avoid that their games would meet the same fate as Wolfenstein 3D. From what I understand there is no law that says swastikas can't be shown in videogames in Germany, there is only the case of Wolfenstein 3D - which seems to have been a dubious court ruling that likely wouldn't happen a second time today but that apparantly wasn't contested at the time - and there is the caution of the publishers who'd rather censor their own games than go to court (even if chances of winning wouldn't be that bad).
As for the violent games, the problem with that is (a) that the laws about youth protection forbid the promotion of indexed titles, in order to keep minors away from them, which actually kills the market for those games even among adults though - what good is trying to sell your game if you can't promote it? and the gamepage on GOG would count as promotion already -; and (b) that it's not directly the law dictating what games should be indexed for youth protection, but special committees of public officials and 'experts' whose decisions can seem pretty haphazard, especially during the 80's and 90's. But once they've spoken their verdict, the games in question are affected by it for decades, which means that the promotion of indexed titles is still forbidden long after the verdicts were considered reasonable. I doubt any of the games that are now being removed would still get indexed by today's standard, but since their ban is still active nevertheless, publishers play it safe.
Also, there is no law that dictates that blood has to be green. Things like that are most probably the work of devs and publishers who tried to play it safe, while either not quite understanding the laws, not caring about their actual meaning or secretly making fun of them.
Post edited June 21, 2016 by Leroux