NuclearKangaroo said:
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dont be ridiculous
what kidn of backwards ass country would censor user made content? (except maybe mine all things considered)
is it really that different from playing some free flash game with nazis in it?
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.
To give some perspective on this, as a Criminal Justice major I can explain the process in the US. The specifics might not apply to Australia for example, but it's really semantics because they already made the ruling in their own way. In the US by definition "pornography" is illegal, what we call "porn" in common use is not "porn" in a legal sense, technically it's labeled as "adult art films" or something similar. In the US to be declared "pornography" a work must be declared obscene and without redeeming value in a social, political, or artistic sense. Each particular work must also be reviewed individually, you cannot engage in a blanket ban of material based on type or a specific behavior. Typically to come under review the government needs to have a work brought to their attention, at which point it's reviewed by a panel of legal experts (one of my instructors was a former head of the Connecticut State police and sat in on several of these) and if it's found to be obscene and without redeeming value, it can be banned. However the creator of the work, or a representative, also gets an attempt to defend it's merits. This is by the way why so many porno movies, at least in the US, have some kind of banal plot attached, because then it can be defended as "art" (maybe bad art, but still art). The US porn industry also relies on sheer volume, they can't review and ban everything, so in the end it takes something very special that gets a ton of complaints to come up for review. As a result banning something like "South Park: Stick Of Truth" isn't likely to ever happen in the USA because taken as a whole the work can be argued to have redeeming value, as crude as it is. All of that political and social satire actually works in it's defense (believe it or not). In Australia however they can obviously force the censorship of specific scenes, and say declare things like the Anal probing scene inherently offensive, and make it illegal by not approving it for viewing in Australia (which seems to be the case). This means giving it to people within Australia is arguably the same as dealing drugs, or passing around illegal guns, or any other banned and unlawful substance. A patch is a method of doing this. This is going simply by observation and the fact that Australia has been able to "line item" censor a lot of things over the years.
Now where things get unusually touchy here is whether those scenes were actually on the game discs/in the code as far as the version presented goes. If those scenes were part of a rather large patch, then the people making the patch, or assisting with it's distribution, could be in a lot of trouble if Australia chooses to pursue it. If the patch just unlocks content that was already there, those people are still criminally liable, but probably to a lesser degree, however Ubisoft is likely to take the brunt for still having the material in the game where it could be accessed by modifying the code (much the same way how Rock Star has gotten in trouble over things like "Hot Coffee" sure the content wasn't generally accessible, but it was still there, and thus that's the same as distributing that content).
How likely these countries are to pursue it though, that's another question entirely. Your right that it seems "rather ridiculous" because right now nobody has done it so far, but it technically could happen, and really if Australia *did* demand that the US hand over Gabe Newell, or France hand over the head of Ubisoft, that could be awkward because technically we're obligated to send them there to stand trial, there is actually a crime here, even if it's not one that's usually enforced. Sort of like the situation with "Kim Dotcom" a few years before it happened going after someone like him for what he was doing was unthinkable, sure it was illegal, but nobody seemed to care.
That said, I very much doubt Aussie's equivalent of SWAT (not sure what they call them down under) will be kicking down doors over this. If something is done it's going to be an attempt to make an example out of people who are generally a big deal.