In the latter case the USK could still deny a rating, and the game would probably be blacklisted or even banned. Nowadays games do count as art (and possibly education too) "per default", so they are free to show historical symbols in general - as long as they don't glorify Nazis and their ideas. So they were basically forced to change their ways to not make complete fools of themselves. It'd been ridiculous to refuse a rating to a game showing the horrors of Nazi occupation for showing the according symbols. That USK policy changed in 2018 when games like Attentat 1942 appeared who told stories from the perspective of the victims of Nazi rule - much like what Art Spiegelman's "Maus" has done for comics. Who also played it safe was the German rating institution USK - they simply refused to rate games showing Nazi symbols, and not having a rating brings the danger of blacklisting (rated games can't be blacklisted, even if they're rated 18+, and yeah. Take command of your own ship, recruit a bunch of hotties to your crew and then take down an evil empire. I can't blame them, nobody knows how a court ruling would have turned out a decade ago. Explore a galaxy full of crazy aliens and try your hardest not to fuck up in this exciting new Sci-Fi RPG. All publishers rather played it safe and removed the symbols for the German market. Games with swastikas have never been outright illegal in Germany, but nobody was up to taking "games are art, and thus can show Nazi symbols too" to court for a long time. Simply enter "wolfen." into the search box above to confirm. Caipa85: Heck, nowadays you can play games with swastikas, if I read it right on the forums, not 100% sure on this.
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