Reaper9988: The patch is here on Gog too but you won't see it as german without VPN.
BreOl72: As far as I'm aware, the patch is already integrated in the
https://www.gog.com/en/game/castaway_of_the_ardusta_sea_unrated version of the game (
I didn't check it via VPN, too much of a hassle for a game, I'm not interested in, anyway).
And that (
already patched?) version is unavailable for Germans. That much is true.
There aren't two versions of the game there is just one freely available version and a patch that adds R-18 stufff to the freely distributed version. The R-18 patch is not available without VPN on German ip.
BreOl72: However: if the unrated game is LEGALLY (
meaning: by German law) forbidden from being sold to Germans - then offering the patch to Germans is forbidden, too (
following the same German law).
Which is the reason why they don't sell the patch to Germans.
BreOl72: What GOG does here is the equivalent of a brick and mortar store selling two versions of a game/movie to its customers:
one version being for international customers only, the other version being for German customers only.
Like I said, there aren't two versions available - the patch is useless without the freely distributed game.
BreOl72: You can not LEGALLY offer the "over 18" content to the "under 18" customers.
And it definitely doesn't matter, if it's offered for free, or not!
Correct - even for free GOG is not allowed to offer the patch to Germans and they don't. Loger13 stated the same when he said that the loophole is NOT working with German laws - that's why the patch is not available for users with a German ip.
BreOl72: Since GOG is putting the
link to the "forbidden" patch on the game's store page, it could equally well just put
the "forbidden" patch itself on the game's store page.
Legally, it's exactly the same. No, it is not. GOG is not responsible for content from other sites. They simply post a link to the publishers site because that site might or might not have a valid age verification gate ... it is not GOGs responsibility to check if THEY follow German laws. The site itself is not illegal. In addition to this GOG is selling to German customers directly (with the German website and all) the publisher is not. So no, it is NOT the same legally.