by Sundowner64 » Thu Mar 28, 2024 2:34 pm
SPOILERed after three years, I hope markobr does not mind.
OK then. GalFisk is right, it is about freedom of information and access to information in the possession of the government.
In Germany we have a Federal Agency for Media Potentially Harmful to Youngers (further: the Agency). Their job basically is to decide whether a media product (book, journal, movie, video, game, ..) can be made available to minors or not. If not, the item is put on an index and can be displayed for sale only in special shops or special sections of the shop where only adults can enter. Or might not be distributed at all.
And we have a Freedom of Information Act. It gives everyone the right to get access to any administrative information stored by government institutions, provided state secrets, trade secrets or privacy concerns do not stand against.
In 2013 a man from Cologne wanted to watch a porn movie that was on the index and has been available for adults for a while but not anymore at that time. So he filed a request based on the Freedom of Information Act to inspect the inspection copy of that movie the Agency still kept in their archives, claiming that the inspection copy is administrative information as the Agency used it to make an administrative decision.
The Agency refused and the case went to the court. The court basically approved the man's request and ordered the Agency to do one of two things:
- either to give the man an opportunity to watch the movie in the rooms of the Agency (they immediately and strictly refused, "we are not a porn theatre")
- or to provide the man with a copy of the inspection copy (which they refused as well, saying that they're not allowed to distribute a copy of copyrighted material)
However, German copyright law has an exception for materials that have been out of sale for more than two years. In that case it is legal to own a copy for strictly personal use (just it must not be digitalized and not be distributed).
So this brave man finally received his copy and could achieve transparency about the government's work and convince himself that the well respected Agency does a good job fully in line with the law.
Or what else you do with a porn movie.
The consequence of this decision: the Agency whose job it is to limit the access to certain media as long as they are generally available, might be required to do the opposite if the media are not available any more.
Once again: This is Germany.