I solemnly swear...

L7Bear

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May 29, 2017
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I imagine someone else has probably asked this before, but is there any practical reason for the "I'm 18 years or older" declaration at the beginning of these games, or the "R18+" when I assume that most of these games haven't actually gone before a ratings board?
Do sites like F95 require this sort of declaration?
Is there any legal reason to include this?
Is it just a pseudolegal attempt by developers to adhere to some informal standard?
 

tooldev

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Feb 9, 2018
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Some countries have explicit law that requires the provider of content to assure the legal age of the receiver/user. That particular way is the lowest and weakest step to provide that. Some countries are fine with that - many have sharper laws where that check isnt even worth the programming time.
 

Yoshiiki

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"Due to the international nature of the Internet, carries with it special issues with regard to the law. There is no one set of laws that apply to the distribution, purchase, or possession of Internet pornography. This means that, for example, even if a pornographer is legally distributing , the person receiving it may not be legally doing so due to local laws."
As a provider of content, make sure you understand what you can and cannot do under your regional laws. If you are hosting your creation on, for example, US server, check federal and state laws.
I would say that giving a warning about sexual content is a safe bet to cover's one ass and tell people there is porn inside (though, they probably know). However, you aren't responsible for people that download it.
 

tooldev

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There are many bi-lateral agreements between countries regarding protection of children, harmful content on the internet etc. Just looking at state and regional law isnt enough.
 
Aug 22, 2017
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Also, telling the player in very clear terms that this is a porn game at the start is just polite. Otherwise he might get trolled by someone sending him an otherwise uncommented link, download it, play some, and then suddenly, have tentacles raping dickgirls on his screen on the family TV or whatever.
 

Yoshiiki

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Nov 10, 2017
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There are many bi-lateral agreements between countries regarding protection of children, harmful content on the internet etc. Just looking at state and regional law isnt enough.
Maybe I expect too much, but as soon people start looking into it, more things will surface, so they will be fine.

Also, telling the player in very clear terms that this is a porn game at the start is just polite. Otherwise he might get trolled by someone sending him an otherwise uncommented link, download it, play some, and then suddenly, have tentacles raping dickgirls on his screen on the family TV or whatever.
Ok, you just changed my mind.
Dear devs, please stop giving warnings before game starts.
 

DarthSeduction

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There are many bi-lateral agreements between countries regarding protection of children, harmful content on the internet etc. Just looking at state and regional law isnt enough.
They aren't gonna extradite a porn game designer for providing content without a warning. Its a nice sentiment, but you really only have to follow the laws for the host country.
 
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anne O'nymous

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Also, telling the player in very clear terms that this is a porn game at the start is just polite.
No, it's not just polite. In a lot of countries it's a legal obligation. Games creators must state that the content is for adult only both before letting someone downloading the game and, because with internet you don't control all the downloading points, before the game start.
If you do it and a minor played your game, it's the minor fault, because he lied. If you don't do it and a minor played your game, then you can be sued because you provided pornographic material to minor. Most of the time it will lead you in jail for a long time.
Fun fact (/s): It's one of the few case where you can be sued and sentenced in a lot of different countries. So if you're a creator, hope that you live in a country which don't cooperate with others, else you'll spend your live visiting jail all around the world. But well, if it's your goal in life, who am I to judge you ?
 

Zippity

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I imagine someone else has probably asked this before, but is there any practical reason for the "I'm 18 years or older" declaration at the beginning of these games, or the "R18+" when I assume that most of these games haven't actually gone before a ratings board?
Do sites like F95 require this sort of declaration?
Is there any legal reason to include this?
Is it just a pseudolegal attempt by developers to adhere to some informal standard?
In most cases, it's to protect themselves from being considered unlawful and/or satisfying restrictions that may be placed on them based on publishing/player location/s... Same goes for when a developer includes the statements regarding the age of characters within a given visual novel/game... Of course, neither statements guarantees legal and/or other restriction compliance... But it is an attempt to appease either and/or both... Usually in order to allow for larger audience participation...

Take for example in the United Kingdom... Drawn depictions in erotic/adult visual fiction, have to be 18 or older in age when participating in and/or viewing sexual content within the depictions... Otherwise they are considered child pornography... And just making the statement at the beginning may or may not protect it from being considered ********** in the U.K., as it all depends on the courts to decide if the depiction/s appear so or not... And there are several other large countries that have very similar laws...

Or lets say in the United States, viewing porn of any form is legally restricted to people of legal adult age, 18 or higher to view it... Some individual states may have higher restrictions...
 

DarthSeduction

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No, it's not just polite. In a lot of countries it's a legal obligation. Games creators must state that the content is for adult only both before letting someone downloading the game and, because with internet you don't control all the downloading points, before the game start.
If you do it and a minor played your game, it's the minor fault, because he lied. If you don't do it and a minor played your game, then you can be sued because you provided pornographic material to minor. Most of the time it will lead you in jail for a long time.
Fun fact (/s): It's one of the few case where you can be sued and sentenced in a lot of different countries. So if you're a creator, hope that you live in a country which don't cooperate with others, else you'll spend your live visiting jail all around the world. But well, if it's your goal in life, who am I to judge you ?
Extradition costs way too much money to go after a developer of a small porn game. Don't get me wrong, you should absolutely do it, because its simple and chances are your country requires some version of it, but no country is going to waste their tax dollars extraditing a person for something so trivial.
 
Aug 22, 2017
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Extradition costs way too much money to go after a developer of a small porn game. Don't get me wrong, you should absolutely do it, because its simple and chances are your country requires some version of it, but no country is going to waste their tax dollars extraditing a person for something so trivial.
Extradition treaties always involve " ", i.e. they will only extradite for things that would also be illegal in the country of residence. That generally also means that no country will even bother attempting an extradition over bureaucratic bullshit like that.
 
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Zippity

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Extradition costs way too much money to go after a developer of a small porn game. Don't get me wrong, you should absolutely do it, because its simple and chances are your country requires some version of it, but no country is going to waste their tax dollars extraditing a person for something so trivial.
It's not really extradition that is of any concern, as that usually involves much more extreme sorts of crimes... Law suits are a whole other matter, or charges by the government being brought up can happen as well... Just depends on countries involved... And just because charges are brought up and you don't show for the court appearance, doesn't stop the proceedings from occurring anyway, with outcomes levied against you... Or the charges being brought against you locally based off international agreements between countries... It all depends on severity and willingness to prosecute and local/international laws, etc...

It's just a better safe then sorry situation...
 

anne O'nymous

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Extradition costs way too much money to go after a developer of a small porn game. Don't get me wrong, you should absolutely do it, because its simple and chances are your country requires some version of it, but no country is going to waste their tax dollars extraditing a person for something so trivial.
You missed an important point, and it's not the fact that this last comment was more a joke than anything else. Here, it will not be seen as going after the author of a game, but as going against someone who exposed a minor to pornographic material. Western countries take the protection of minors very seriously, and they aren't the only ones.
Obviously, the risk is low, but seen how some countries actually act regarding pornography, plus the trend to enforce the protection of minors all around the world, what to say ? Going through the whole process of an "extradition", "just for this", would make a really strong example, justify more repressive laws, and would please the electorspublic. So, personally I'll not put my bet on, "it will never happen".
 

L7Bear

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So, what I'm reading is that due to legal concerns the designers are posting pseudo-legal protections that are as effective as "If you're a cop you have to tell me" or "Post this to your Facebook page or else something something legal whatever"

As we learned with tv-links and the UK & USA harassment of that kid which continues to this day, even if what you are doing is perfectly legal that doesn't provide much protection. [ ]

Although I like the bit about the NSFW warning, and love the bit about Prodigy.

Are there any sites that REQUIRE the warning in order to post/share?
 

tooldev

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Feb 9, 2018
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The more important missed point is that a case doesnt have to be made by a state/country. They just provide the law but cases are mostly filed by others as non-governmental organisations, private persons and/or companies. Without the minimum disclaimer chances are simply very high to end in a law suit very quickly with severe consequences.

Thats what i pointed out when i mentioned there is more law than your single country where you have your residence.
 

mickydoo

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Ive always thought it funny, I'm an old fart, in my day when you saw the sealed magazine at the news agent you didn't need to know what Playboy, Hustler, Penthouse etc was, it was sealed, it was a dirty magazine, that's all 14yo me needed to know. Now days, if I was that same 14yo pervert, having the "I'm 18 years or older" in any context would be enough for me to go, righto I'm so checking this shit out.
 
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DarthSeduction

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It's not really extradition that is of any concern, as that usually involves much more extreme sorts of crimes... Law suits are a whole other matter, or charges by the government being brought up can happen as well... Just depends on countries involved... And just because charges are brought up and you don't show for the court appearance, doesn't stop the proceedings from occurring anyway, with outcomes levied against you... Or the charges being brought against you locally based off international agreements between countries... It all depends on severity and willingness to prosecute and local/international laws, etc...

It's just a better safe then sorry situation...
How exactly do you expect a completely different country to enforce a lawsuit on someone in another country? They can't garnish your wages or something like they would be able to do in the home country. Especially not if you're not being paid by an employer.

You missed an important point, and it's not the fact that this last comment was more a joke than anything else. Here, it will not be seen as going after the author of a game, but as going against someone who exposed a minor to pornographic material. Western countries take the protection of minors very seriously, and they aren't the only ones.
Obviously, the risk is low, but seen how some countries actually act regarding pornography, plus the trend to enforce the protection of minors all around the world, what to say ? Going through the whole process of an "extradition", "just for this", would make a really strong example, justify more repressive laws, and would please the electorspublic. So, personally I'll not put my bet on, "it will never happen".
I'm an American, so ofc I'll always use one. However, no, they'll not do it. To be perfectly clear, The only way it happens is if it makes national news first. So what would have to happen is, first, a minor would have to play the game, second be caught, third, have parents who think to get a lawyer involved, fourth for that lawyer to get it on the news, and fifth for the news to be slow enough to get this moving. Then and only then will the governments actually think it's worth it to make an example.