This isn't really about what logically makes sense to you personally, Germanier just explains how the law is currently interpreted.

Yes, the law prohibits to own "transmitting equipment which, by its form, purports to be another object or is disguised under an object of daily use and, due to such circumstances, is particularly suitable for intercepting the non-publicly spoken words of another person without their detection". Neither Smart TVs nor Xboxes claim to be something they are not.

From what I see, the doll also doesn't hide how it works, exactly like the "listening" TV: nobody would have expected that the TV would listen and send somewhere "the non-publicly spoken words" just a decade ago, and as far as I know, there are now such on the market, probably also in Germany. Then such a TV could be also considered a "clandestine listening device." If it's "does it have a manual that says it does that" both the TV and the doll have it. It's the matter of what is considered "normal." The specific quote you provide doesn't make the difference that makes the doll less legal than the TV. But maybe there's something clearer?

The FAQ pdf of the doll:

http://myfriendcayla.co.uk/public/downloads/cayla_FAQ.pdf

"Do I need an internet connection to play with Cayla?

An internet connection will be required to download the free app which unlocks all of the fun things which Cayla can do. Some functions, such as searching for information on the internet (famous people, places, time, weather, etc), require an internet connection. Cayla can do lots offline, like having conversations, playing games, reading stories, and exploring her photo album. In fact, most of the interactive play requires no internet connection at all."

I agree that it's not clearly stated that it's the recording of the voice that gets transmitted somewhere. But it's obvious that something is transmitted. Somebody can compare with the manuals of the "listening" TVs.

The site of the doll:

http://myfriendcayla.co.uk/cayla

"Ask Cayla Questions -- ONLINE"

"Play games like noughts and crosses together -- Offline"

See my other post here for more technical details.

There is not a clearer quote because that's all there is. The specifics are up to interpretation in every situation. It's not about the packaging or manual – hopefully any clandestine listening device tells you that it is one on the box. It's about the device itself.

Assume you are a visitor somewhere, back at the time when smart TVs where still new and uncommon. You see two things in a room: A regular-looking doll and a TV. A doll is made out of fabric, so a doll cannot transmit your voice. A TV is – that's known to any layperson – a complex technological object that does a lot of stuff with electronics. It's not absolutely far-fetched to assume a probability that it contains a microphone. That's the difference in the eyes of the law. The "smart doll" is in fact not a doll but a microphone-speaker-device concealed in a doll. The TV does not conceal anything, it's just "electronicy" looking.

I've never heard of anybody argue that Smart TVs fall under that law even when they were new.

This is load of bullocks and failure of Germans to follow their own law.

If am certain than a common person does not expect TV to be equipped with a microphone transmitter. This is not a function of a TV.

That it has been somehow overlooked does not make it right.