I feel like too many people believe in the cliche, "when there's a will, there's a way." So it's like saying that if Nintendo had the will to do it, they could just jump on and do it right away.

I am not saying it's impossible, I'm just saying that we can't just start blaming Nintendo for all of this. You probably noticed that this rule applies ONLY to Europe. So it's not Nintendo who's making the decision. It's the law that's forcing them to do it, and finding a way around the law isn't exactly so simple.

Is this really such a big deal?

By the way: it seems like the service is only accessible from 11 to 3 in PEGI countries but from 10 till 4 in Germany? Now THAT would be crazy

Mother Fucker first they ruin Wolfenstein now this shit!

GERMANY

Bloody Jerries! ;)

Seriously though, if they have to restrict it for German audience, that law does not apply to rest of Europe - so that's lame excuse on Nintendo's part. As lot of people suggested, can't they scan IP address and apply the law if it's German IP?

As a german I can say, our laws regarding and influencing the internet seem to be from the dark ages.

It starts with the point, that every court - in which area a law-breaking happens - can be called to sue the infringer. Point is: internet and internet services (including eShop) are available everywhere, so every court in germany is in charge. People who want to sue an internet-service, do that at courts, that have a history of deciding against the internet. In the case of germany thats the court in Hamburg. It's decisions are somewhat legendary here in germany. So every internet-service is automatically on the losing side.

Then the laws itself. Not only the laws for youth-protection, that are specially strict in germany. But the laws on copyright hold also many hurdles. Do you know, that Google blocks many Youtube-videos in Germany and only in Germany. That is all including music, because our collecting society for componists cannot agree with Google about a contract like other collecting society in different countries did. So most videos containing music are blocked in germany. And sometimes bird-songs too, because some program had found similarities to some song our collecting society is in charge for. Especially great: some german bands have found out, that promoting over the internet is cool, and have uploaded their videos on youtube. Everyone in the world can watch this videos, except germans. Many of these bands even sing in german.

German courts also tried to shut down Wikipedia, but that is not so easy. The german part of the Wikimedia Foundation is a in reality completely independent and is very interested in having no servers and have no control over any server. But it pays indirectly for servers in other countries. The point here is not only, that the servers are located elsewhere, but that the german foundation has no influence over them in any way.

If you ask yourself, why no innovative internet-service started from germany, here you have the answer.

In these things, the EU is very complicated.

I think it's basically that any company always has to uphold the laws of the nation they are based in and the laws of the nation they are selling in. The laws of the nation they are based in are more important however than the other country's laws.

Nintendo has to uphold Germany's law first and foremost since they are based there, even in the UK because Germany's law in this matter is more specific. For example, if you would turn it the other way around; If Nintendo were to be based in the UK (or someplace else), they would be allowed to sell this content during the day because that is allowed by UK law, except in Germany. Then, if the UK had the 'stricter' law, like say the UK banned all video games, Nintendo wouldn't be able to sell anything anywhere in Europe. If they were based in Germany like they are in reality, Nintendo would be able to sell videogames everywhere except in the UK.

I believe taxes for companies work in a similar way.

Also, I'm not sure the US M-rating equals to 18+ per se. Most M-rated games are 16+ here in Europe. We have ratings for 0 (all ages), 3, 7, 12, 16 and 18.

If the adult-internet-service you are speaking of has any part of the company in germany, it has to make a real age-verification (post-ident) or have to stick to show content only at night. There was a big discussion about Youporn some time back, but german law cannot reach here, because they don't have any part of the company in germany. Sky has an age-verification I think.

Yes, if the internet-service is located in germany, has servers in germany or part of the company is located in germany, they have to do a hard age-verification. Post-Ident is very expensive, but so far the only way (I think) to make an age-verification regarding the law. And there was discussion some time back, to force german providers to block international adult sites, that does not make age verification following german law. And next year are elections, possibly we will have the discussion again.

I think these restrictions only apply, because the eShop also contains videos of the game. That's why it was no problem on the Wii and is no problem for Amazon. Although Amazon also has to do a Post-Ident verficiation, if you actually purchase such a game. I know, I already did that. Interesting enough, if I buy at amazon.co.uk, then I don't have to verify my age, and they send it to me.