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Thank you for visiting eroge.fyi (エロゲ.FYI) ** - the Adult Game Regulations Wiki.**

PLEASE NOTE: This website has been renamed to "eroge.fyi" to avoid confusion with unaffiliated websites.

Click here to get the Fast Facts.

In Japanese, エロゲ (eroge) is a slang term meaning "erotic game", a medium which includes what are commonly known in the west as visual novels, as well as interactive videos, role playing games, and more. While there are "all-ages" games which have no explicit content, the medium as a whole is undeniably built on the backs of adult-oriented games, eroge.These are games which feature sexual content. Eroge are historically important to the development of otaku culture, and artistic expression broadly, in Japan, and they have gained an growing international following over the last decade or so. Several companies exist which license these games for offical localization to be sold to western markets, and Japanese eroge companies themselves sometimes reach out overseas. When globalization is concerned, its natural to worry about how these sexually explicit depictions are regulated, especially as they relate to content which some viewers might find 'objectionable'.There is a stereotype that in Japan, 'perverse' media fluorishes, where depictions are created with no regulation. Some say "it's just a different culture." This could not be further from the truth, as Japan is a society very concerned with social norms and acceptable behavior. Japan is as harsh on sexual misconduct as anywhere, and the general attitude toward pornography is roughly the same as any other culture. In light of concerns shared domestically and abroad, rigid regulatory codes are responsible for making sure these depictions are socially acceptable.For example, did you know that the Ethics Organization of Computer Software also known as Sofurin (ソフ倫) or the EOCS is a Japanese ratings board similar to CERO or the ESRB which rates PC games, and that they require all characters depicted in sexual activity must be 18 years old or older, even in Japan?To find out more, I hope you will take the time to read this wiki with an open mind. As an eroge fan and concerned citizen, I feel that it is important to share this knowledge with fans and others. I believe that the most valuable tools for making informed decisions are education, prudence, and best judgment.This website is for personal/educational purposes only, and should not be used as legal adviceIf you have expertise and would like to be a contributor, please contact us.

Site News

News

Expiry of eroge.fyi domain ・ 2023/08/11Sorry, I'm really poor and my carrd pro plan expired, so the site is at erogefyi.carrd.co for the time being. I apologize for any inconvenience!Currently Available Pages ・ 2023/03/10

Site contents are still under construction, I'm sorry! The following pages are planned and will be added soon.
Attached is a note aboutthe information contained in each.

Within Japan

Other Eroge Ratings Boards (Have no or unreliable publicly available information)DLsite (Has a detailed "Compliance Policy - will be added soon)DMM (Fanza) (States only that all content on their site confirms with the ethics boards they deal with and that no performers are under age 18.)

International

JAST USA (California based website. Declined request for comment - pending)NUTAKU (Luxembourg based, has USC 2257 and CFR 75 notices with contact information for records)More information on JAST USA can be found in Evaluating International Retailers for now.

Production in Japan

In Japan, the main safeguard against illegal/objectional depictions in erotic games from being produced in the first place is the Ethics Organization of Computer Software, abbreviated "EOCS" and commonly known as Sofurin (ソフ倫), is a legally incorporated ratings board for computer games in Japan, similar to CERO or the ESRB for computer games.^[8]They regulate software for general audiences according to appropriate age groups, and adult-only software. Adult-only software is prohibited from being sold to persons under age 18 and feature sexually explicit content. This is commonly abbreviated as １８禁 (R18) software.^[2]The most important thing the EOCS does is regulate content within games according to certain guidelines defined in the Sofurin Code of Ethics, and games are screened for this purpose.^[2]Notably, the EOCS prohibits sexually explicit depictions of characters which are or appear to be minors, and has a range of standards for determining and enforcing this.^[2][3][4][5]Most jurisdictions in Japan require a board rating to be sold in stores, and the EOCS urges retailers not to carry unrated games, so most reputable commercial eroge are rated.^[4]However, some self-published (doujin) games, such as those sold on online-only retailers like DLsite, are not regulated (and may only be subject to such sites' potentially less-stringent content policies).Therefore, caution should be exercised to make sure a game is rated by the EOCS, as a rating is proof that a game abides by their standards.

Identifying EOCS Rated Games

EOCS Regulations

The EOCS prohibits the following for R18 software:^[2]

・Real, existing human beings under the age of 18 from appearing (performing) in the work.・Depictions of characters that are minors in sexually explicit activity in the following ways:

・Descriptions (like words or statements) that imply or identify human beings or human-like characters depicted in sexual activity or erotic nudity as being under 18 years of age cannot be used.・Underage characters are prohibited from appearing in sexually explicit CG even if they are not participants in sex acts.・Characters which unequivocally appear to be toddlers or babies (pre-school age children) are strictly banned no matter what.・Characters which clearly visually appear to be children (子供 / kodomo) by difference in stature when compared next to adult (大人 / otona) characters in the same work must be changed.・Any characters featured in print material must additionally not measure less than 5 heads tall.・Certain visual expressions like ransel and elementary uniforms are also banned no matter stated age of characters and characters with these are automatically deemed minors.

・"Depictions of rape, gang rape, and other forms of aggravated violence that shockingly offend public morals concerning human rights violations against women and girls, and feel senselessly cruel"・Libel or works which incite violence. ("This is a work of fiction, all appearing people, etc. have no relationship to reality" and "Do not imitate the crimes depicted" are stated for this reason.)・Depictions of genitalia or human waste without mosaic concealment・All legally obscene materials (according to Japanese law)

In addition, the following are strongly cautioned against:^[2]

・Direct naming of genitalia in audio or text.・"Endorsing" of the sex trade, "frivilous" depictions of childbirth, "gratuitous" depictions of incest, beastiality, or necrophilia・"Works that frivolously depict gratuitous sex and lack elements such as story, theme, development, and game-like driving forces," and notes that "appropriate settings" and "necessity" and overall balance of sex scenes should be considered, and that games should have a genuine artistic purpose with "originality and ingenuity."・Works which violate the human rights of socially disadvantaged groups.・Content which fails to "respect the law, social order, and morality" etc., or "undermines family values."

When a game passes inspection, it satisfies these conditions in a meaningful way.

International Distribution

The dominant reputable international retailers for English versions of Japanese eroge are:

・jastusa.com
・mangagamer.com
・denpasoft.com (Sekai Project)
・ johren.games
・kaguragames.com
・fakku.net
・nutaku.net

These retailers can be evaluated by looking at the following things:

1. EOCS rating for distributed games

This can be researched using the methods detailed above.
Notably, Johren.games lists the EOCS rating codes for many games (such as those published by Shiravune)

The latest revision of the EOCS Code of Ethics (2020) states that all regulations apply to works distributed outside Japan by EOCS member companies. (This is clearly just a formality in light of the overseas expansion of the market, and would logically have been implicit already.)^[1][2]

2. "All characters are 18 years old or older" disclaimer

Retailers which display this disclaimer on their store page include:

・jastusa.com
・mangagamer.com
・johren.games

This can also be double checked against the original's EOCS rating if applicable.
Those that dont have instead a U.S.C. Section 2257 Compliance Notice (below) or they state it within individual software on a splashscreen (frequently both, but sometimes one or the other).

3. U.S.C. Section 2257 Compliance Notice

This is a United States record keeping law for producers of sexually explicit material (actual and simulated) that requires record keeping of all "actual human being" performers' identities & that those performers are 18 years of age or older at the time of the creation of said depictions. The law requires this statement:

All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website."(From www.fakku.net/terms)

Retailers which keep this notice somewhere on their website include:

・jastusa.com (The only of these to include langauge stating that "characters" are over 18 years of age.)＊
・denpasoft.com (It is hidden and must be found by a special search method) (Archived)
・fakku.net
・kaguragames.com
・nutaku.net (A Luxembourg-based website which also states compliance with 28 C.F.R. 75, Canadian law)

＊A brief version of jastusa.com's full 2257 notice is still viewable on every product page, but a "full" version has been offline for some time for unexplained reasons) (Archived Nov 2020)

※Even as a supplement, it may have some value. It of course applies to any voice actresses or models which may have appeared. (This is provided for by the EOCS rating for applicable games as well, as is the prohibition of sexually explicit depictions of characters under the age of 18, even if U.S.C. Section 2257 doesn't say this exactly.)While I cant comment definitively on the application of this to fictional "persons", there are mitigating factors, such as the EOCS rating for applicable games, and that it shows these are typically U.S.-based companies that are clearly not interested in breaking U.S. law and are trying to operate a lawful business with products that are legal to be bought and sold in their jurisdiction. (See below)

4. Governing law

Governing Law, often specified in the retailer's Terms of Service but sometimes inferred from elsewhere, reflects the local and national laws they are bound by.

Analysis: If it can be logically assumed that a legitimate business would not want to distribute any product that will get them in trouble with legal authorities of the jurisdiction in which they reside, then it would follow said business is reasonably confident their products are legal to buy/sell in that location.

Retailers which keep this notice somewhere on their website include:・jastusa.com : "State of California"・denpasoft.com : "State of California, USA"・fakku.net : "State of Oregon, USA"・kaguragames.com "Santa Clara County, California, USA"・nutaku.net "Luxembourg" (Recall the 28 C.F.R. 75 notice for Canada as well)

mangagamer.com is headquartered in Tokyo, Japan, but sends physical copies of some of their games by the U.S. Postal Service from Calfornia, USA. They employ staff from across the United States and in other countries such as the United Kingdom to translate and program these games as well. Their games also have no mosaic censorship and so would be illegal in Japan.johren.games states that they conduct operations from Japan and partially from "other countries such as the U.S.”, and that they “reserve the right to…cooperate with legal authorities”, including the “California Department of Consumer Affairs” (and provides contact information to the CA DCA complaint assistance department, citing California code), and that their products are “protected by United States…Copyright Law” (citing US code).

On their "About Us" page, however, they list their address as:"JOHREN Ltd. 9 Aiolou & Panagioti Diomidous, 3020, Katholiki, Limassol" in Cyprus.

※Both mangagamer.com and johren.games sell exclusively to markets outside of Japan, expressly the United States (dealing in USD), and IP region block their websites from being accessed from within Japan.

5. Contact information

Contact information may be further proof that this distributor is unafraid of selling their products and of identifying themselves. Also, that they are doing business in good faith.It could not hurt to ask for additional information if you have any concerns about materials they sell.(Sometimes, such as in the case of denpasoft.com and nutaku.net, they offer a point of contact expressly for legal questions about the sexual depictions themselves, usually called a "custodian of records")

6. Other content policies or prohibitions

Some websites state that they prohibit the transmission of illegal content through their services, or have other such policies. This reflects a degree of legal awareness on the part of that company, and it would be reasonably expected to extend to their own operations as a legitimate business. It may help to look for any additional 'tidbits' like that. For example:

"Johren’s performance of the Terms is subject to existing laws and legal process," and they prohibit the transmission of "information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person" through their services.www.johren.games/terms (Archived)

References

The Ethics Organization of Computer Software, abbreviated "EOCS" and commonly known as Sofurin (ソフ倫), is a legally incorporated ratings board for computer games in Japan. It's similar to CERO or the ESRB for computer games.^[8]

The EOCS regulates games for general audiences according to appropriate age groups, and adult-only games. In addition, they regulate other forms of computer software with viewable digital data.^[1] Recently, they also began to screen electronically distributed idol content, such as videos.^[4]Other operations include working to stop software piracy and other types of behavior to protect the interests of developers. They coordinate copyright policies with each developer as well. Lastly, they sponsor scholarships and education for those looking to enter the computer game software industry.^[4]The primary stated mission of the EOCS is to foster social responsibility and improve ethical standards among computer game developers for the works they produce (while protecting freedom of expression within reason), contribute to the sound development of youth related to the types of software they can access, and rehabilitate the impression of computer games among the general public. Sofurin compiles and provides to guidance to members about applicable laws, criminal code, and youth protection ordinances to this end.^[2]

The most important thing the EOCS does is regulate the content within games according to certain guidelines defined in the Sofurin Code of Ethics. These guidelines either classify certain expressions into various age ratings based on appropriateness (like CERO does for console games), or by prohibiting types of socially unacceptable and egregious depictions from being included in adult games.^[1]The EOCS ensures that all games with sexually explicit content that have passed their inspection are prohibited from being sold to anyone under 18 years of age,^[1] and that the contents align with their specific requirements, including that all characters depicted in sexually explicit activity are 18 years of age or older, determoned using a range of objective standards.^[2][3][4][5] (see: Content_Criteria)Because of their regulations, anyone concerned about sexual content in eroge should always look for EOCS rated games!In addition to content restrictions on adult games, the EOCS also regulates certain depictions in games for other age groups that could encourage minors to learn harmful lessons from violent or antisocial media. While these expressions are not prohibited, as they are not in other ratings boards/other countries, they are rated as being appropriate for certain age groups according to their 'level of awareness of social principles,'^[1] so that they may not get destructive messages from the media they consume. This concern is echoed across all creative industries in countries worldwide, and may sound familiar.

Learn about EOCS content restrictions.

It is not legally required per se for adult games to rated by the EOCS. However, Sofurin communicates with distributors and urges them not to sell games which have not passed EOCS inspection.^[4] Therefore, many doujin (or self-published games) are not rated, particularly ones sold online (since most local ordinances do require ratings to be sold in stores, but not all). Download sites for doujin games, such as DLsite.com, often sell games with content unrated by the EOCS. In cases like this, these games may at best be bound by that storefront's potentially less-stringent content policies.On the other hand, the vast majority of commercial eroge from a reputable developer you would see on the shelf is rated by some regulatory body like the EOCS. Many significant eroge developers are members of Sofurin or cooperate with them, and therefore all of their games are inspected.Some examples of EOCS members include: Frontwing, AquaPlus, etc. The CEO of ChampionSoft (AliceSoft) is on the board of directors, and the Chairman is the representative director for Nexton.^[7] Other companies which rate their games through the EOCS include Clockup, Key/VisualArts, August, YuzuSoft, and many others.^[6]However, it's worth noting that other smaller ratings boards exist, such as the Japan Contents Review Center (JCRC). The JCRC is said to be in a cooperative agreement with the EOCS so ratings by either bored are recognized as legitimate by the Japanese government, but the JCRC has some different content regulation standards.^[4]

Learn how to identify games rated by the EOCS.

History

Due to public skepticism about the potentially objectionable nature of adult content and the threat of legal crackdowns, the EOCS was formed to self-regulate adult games through administrative guidance and legal codes to protect the adult game industry from collapsing under government regulations.The EOCS was formed in 1992, after an incident in 1991, called the "Saori Incident" occurred when a minor shoplifted an erotic game from a store. Before this incident, adult games were unregulated, and there was some content that was viewed as problematic and offensive. There was immense public outcry about the nature of these games and their availability. Developers were raided by the police for producing 'obscene' materials, and arrests were even made.^[4]As existential legal threats to the adult game industry mounted, some game developers banded together to create a self-regulatory organization that could appease the government and society through administrative guidance and legal dilligence, and thus the EOCS was established.The most important aspect of this is the regulation and prohibition of certain objectionable expressions, the guidelines for which are laid out in the Code of Ethics. Over time, these standards have adapted to meet current regulatory needs (for example, changes that occurred roughly by 1999 prohibited sexually explicit depictions of characters under the age of 18, and more parameters have been established to determine and enforce this).^[2][3][4][5]As such, the EOCS works in cooperation with local and federal governments in Japan, and in many prefectures, the EOCS is the designated screening organization for games. Because many prefectures require games to be screened before they can be sold, it's extremely difficult for a game to be released without a rating of some kind, either by the EOCS or the similar Japan Contents Review Center (JCRC).^[4] (To learn which games are rated by the EOCS specifically, see Identifying EOCS Rated Games.There are a few aspects of the Code of Ethics that are controversial among some developers, but it has slowly been amended to account for changes in social attitudes in certain areas. Even if not everyone is happy all the time, others view it as critical to the survival of the industry and protection from further government crackdown.

References

4. Look Up on "Moepedia"

The website moepedia.net (Wikipedia article in Chinese only) was opened by the EOCS in 2022 to list all games which have undergone review from the Japan Contents Review Center, and the Ethics Organization of Computer Software.^[9] (website contains R18 images & requires age verification.)

※Note that moepedia.net may not distinguish beteen JCRC and EOCS ratings.

※moepedia.net only lists staff, availability information, rating classification (age group), and copyright guidelines, and contains no detailed description about the nature of a given game's contents. Frustratingly, it also does not list rating identification codes, meaning these are found primarily on store download pages.

What Does the EOCS Rate?

According to the Sofurin Code of Ethics, the EOCS screens:

"Computer software and other media that run on computer hardware and consist of data intended for display and viewing." (Which Sofurin terms "Computer software, etc.")

EOCS regulations apply to:^[2]

"Titles, content, expressions and depictions therein, of computer software, etc. imported, produced, and sold in Japan by Members of the Corporation."

・"Printed materials and packages that accompany such computer software, etc."・"Advertisements, in-store demonstrations, and other promotional materials used to promote the sale of computer software, etc."

"Computer software, etc. distributed outside Japan by supporting Members."

※Language added as of July 1, 2020. Rating codes for games in languages other than Japanese now end in "K" rather than "D", but are otherwise the same.

[Logically, this would have already been implicit of translated games, but now, translations for the same game are formally catalogued as such, and more options are at producers' disposal when creating games for overseas markets.]

Depictions relating to physical violence (non-sexual), underage drinking, and other potentially anti-social expressions are evaluated even in General Software works. These expressions may cause a game to be rated either "All Ages", "Recommended for ages 12 and older", or "Recommended for ages 15 and older", according to the content and "level of awareness of social principles" of the target audience based on age.^[2]There was formerly a R15 rating, but this was abolished in 2011 in favor of the above "General Software" ratings.^[4](Wikipedia):

Local ordinances in many jurisdictions in Japan require some form of board rating to be sold in stores, therefore, the vast majority of commercial eroge from a reputable developer you would see on the shelf in Japan are rated by some regulatory body (like the EOCS).^[4]But not all games are rated by the Ethics Organization of Computer Software. (Still, the EOCS does, on some level, communicate with distributors and urges them not to sell games which have not passed EOCS inspection.)^[4]Some games are rated by other boards like the Japan Contents Review Center (such as games from Nitroplus)Self-published games (doujin, 'indie') games, such as those sold online (and not subject to aforementioned local ordinances) are frequently not rated at all. They may at best be bound by the content policies of the storefronts that sell them (such as KaguraGames, DLsite, etc.), which may vary.Many significant eroge developers are members of Sofurin or cooperate, and therefore all of their games are inspected.Some examples of EOCS members include: Frontwing, AquaPlus, etc. The CEO of ChampionSoft (AliceSoft) is on the board of directors, and the Chairman is the representative director for Nexton.^[7] Other companies which rate their games through the EOCS include Clockup, Key/VisualArts, August, YuzuSoft, and many others.^[6]

References

The Sofurin (EOCS) Code of Ethics requires that:

１８才未満者への販売禁止ソフト作品に実在する１８才に満たない者を出演させてはならない。^[1]

"No real, existing human being under the age of 18 may appear (perform) in R18 software.

１８才未満者への販売禁止ソフト作品において、性的行為・性的行為を連想させる裸体表現による人間および人間的なキャラクターの年齢が１８才未満であることを特定できる記述をしない。^[1]

"In R18 software, no descriptions may be used that imply or identify human beings or human-like characters depicted in sexual activity or erotic nudity as being under 18 years of age"

The Japanese Wikipedia article on the EOCS states:

ソフ倫の倫理規程が適用されるようになってからは、18歳未満の人物の性描写が禁止され......このような変化は1997、1998年頃から起こった ^[4]

"Once Sofrin's Code of Ethics came into effect, sexual depictions of persons under the age of 18 were prohibited......These changes occurred around 1997 or 1998."

The Chinese Wikipedia article on the EOCS adds:

1998年左右起，软伦明令禁止对未满18岁的人物的性描写，之后进一步追加了对“准儿童色情”（即对虽然声明成年，但从外观、性征上看明显是未成年的人物的性描写）的禁止。^[5]

"Since around 1998, Sofrin has explicitly banned sexual depictions of characters under the age of 18, and goes a step further to prohibit "psuedo-СP" (i.e., sexual depictions of characters who are clearly underage in terms of appearance and sexual characteristics, even though they are declared to be of age)."

※After the aforementioned changes, to the Code of Ethics some earlier games have been modified (to varying extents as necessary) and passed new inspections for re-release as products distinct from their previous iterations.

[While these Wikipedia articles estimate this change occurring around 1997~1998^[4][5], it may have actually occurred after October 1, 1999, as this is when the next revision of the Code of Ethics after 1994 came into effect.^[2] (The October 1, 2011 revision is the earliest publicly available.)]

It is not necessarily required, as the production standards already provide for it, but some games opt to include a disclaimer that states all characters are 18 years old or older, either on the package, in the manual, or a splashscreen within the software.^[4] (For example, those published in Japanese by CLOCKUP.)

The criteria put in place for determining what appears to be a minor are described in the following section.

Preventing Depictions of Minors

This section describes what is documented about EOCS regulations designed to objectively prohibit depictions of minors, or characters that appear to be minors, in sexual content, sourced from an abridged version of the guidelines, "Ver. 2.01" from October 2006, an except that was submitted by Sofurin to the Japan National Police Agency (NPA).

Prohibited Descriptions and Words

Characters cannot be stated to be any age, age group, or age range that is under 18 years.

Terminology, phrasings, etc. that convey a character is below high school age are banned outright, because they would unequivocally indicate a character was under 18. The following is a list of banned words that may not be used in relation to characters, especially concerning sexual expressions, within works or printed materials.^[4]

The following words can not be used within works (like games) or any promotional or printed material.^[3]

These words can not be used to describe characters in any promotional or print materials or product packaging:^[3]

※All approximate translations are provided for reference only, and should not be interpereted according to the impression created by similar English words alone (which can have relative ambiguity, broadness, or vagueness); the restrictions are on the kanji and their true meanings: to ban depictions of unequivocally literally underage characters.

※This list is non-exhaustive, and is The full version is unpublished. Instead, this is meant to give insight into the vast variety of language which can be used to imply a character is underage and screened for. This list actually reflects a removal of some previously prohibited words and phrases after a change in the law in 2005. It is most likely, especially in light of a certain international controversy that arose afterward, that restrictions are still changing. At least these restrictions are most likely still in force, as they are listed on the Japanese Wikipedia article.

[eg. Note the difference between 生徒 (seito) and 学童 (gakudou). Both may be translated as "schoolgirl," but face different levels of restriction. 童女 (doujo) and 童子 (douji), which may have nonliteral uses applied broadly to "young / youthful" people, "students" may be adults (see below), and the term "IоIі" can be applied in more or less extreme ways by otaku (meaning anything from a shorter adult character with exagerrated "moe" traits†* (see footnote), to a character that is a literal toddler with no helpful distinction). While acceptable uses for these terms may exist, they cant be used in promotional material where people could see them out of context and be offended.*]

Even though some high school students are 18 in real life, the EOCS voluntarily adopted restrictions on expressions relating to "high school" and the term ３年～組１８歳 above and beyond the law.^[4]Instead, generic terms for "school" "academy" etc are allowed, and "university" is allowed: as long as characters' age and other qualities are ambiguous such that it can not be said that the character is under 18^[4] (especially if they are stated to be 18 or older, or are clearly so). The intent is that characters in school must be interpereted, represented, implied, or stated to be 18 years old or older to be allowed.

・Use of these words that dont pertain to sexual situations or underage characters involved is allowed, such as in past recollections where no sexual activity is involved.^[3]・If a word is said that is a homonym of any of these items, the story must clarify it as misleading or mistaken.^[1]:7

Prohibited Visual Expressions

There are standards for evaluating whether a character visually appears to be a minor. Though this is subjective, multiple standards are employed to aid in this determination as objectively and uniformly as possible while still protecting reasonable artistic freedom.

※These restrictions apply only to characters featured in sexually explicit content^[3] or sexual nudity.^[1]:7

・Underage characters cannot be depicted in sexual CG even if they are not direct participants in sex acts.^[3]・Characters with ランドセル (ransel, elementary school backpacks) and 園児服 (kindergarten uniforms) are strictly banned no matter the context or stated ages, because these accessories always indicate a character is underage.^[3]

※According to part of Sofurin's 2006 statement to the NPA, its possible more similar expressions have been banned since.

Characters within works are evaluated by this criteria:

・Characters that unequivocally appear to be pre-school age children (幼児 / youji) are strictly banned.^[3]・Characters that clearly appear to be children (子供 / kodomo) by difference in stature when compared next to clearly adult characters (大人 / otona) in the same work are banned.^[3]

Analysis: This accounts for differences in stylization between artists/works, as well as artistic expression such as "moe"†* (defined in footnote), while also creating a more objective, context-dependent standard for what appears to be a child.*

Characters in any packaging, posters, leaflets, and websites are restricted by this criteria:

・Characters that measure less than 5 heads tall are banned.^[3]

Analysis: This ensures that despite those differences in artistic context and stylization, the materials do not reach and offend people who see them out of context based on even more general impressions.

※[This criteria would also logically apply to the same character as they appear within the work.]

†Footnote: [Moe is "the quality in a fictional female character of being youthfully innocent and vulnerable in an idealized way, perceived as eliciting feelings of affection or protectiveness."^(a) It is related to roundness, neoteny, etc. ^{[(b)](https://en.wikipedia.org/wiki/Moe_(slang)} for the same reason we find cats or children cute (note the cat shaped faces of anime characters), but without necessarily referring to children (and this should not be conflated); within the confines of fictional non-reality, characters can be designed in anatomically unrealistic ways simply to achieve a feeling of cuteness or endearment, without intending to depict a child.]

Recommended reading: "The Politics of Imagination: Virtual Regulation and the Ethics of Affect in Japan" (Patrick W. Galbraith) [Link]

The Code of Ethics

The Sofurin (EOCS) Code of Ethics (Current revision: July 1, 2020) (Archived) is comprised of 13 Articles each covering an aspect of game production and company operations, broadly divided into two categories:

・"Production Standards"^[2]:1 which are "general principles for the foundations of works" and dictate what depictions can and can not be created in the first place. There are matters which are prohibited outright, prohibitions judged on the moral character of the depiction, and principles to be considered when creating depictions. (All are described in the following section)

・"Sales standards"^[2]:1 which are age ratings and set forth what content will make a work prohibited for sale to those below a certain age group, in two categories (below)

"Production Standards" and "Sales Standards" are applied to the content of software, as well as titles, packaging, and any type of promotional material, imported, produced, and sold domestically in Japan.^[2]:1The EOCS notes that these may be revised over time considering "fluidity of social culture" and "trends in computer software."^[2]:1 For example...As of July 1, 2020, a clause was added that states these regulations also apply to software distributed outside Japan by Sofurin Members.^[2]:1 (This is the only change to the previous, and earliest available, version of the Code of Ethics from Oct. 1, 2011)^[1]:1

※(Logically, this would have already been implicit, but was formally codified in light of recent global expansion by Japanese eroge producers.)

Sales Standards

Age ratings are determined according to the "level of awareness of social principles" of the target audience:

There are 3 "General Software" ratings:^[2]:3

・"All Ages"
・"Recommended for ages 12 and up" (12+)
・"Recommended for ages 15 and up" (15+)

General Software works targeted to children under 18 years of age cannot include materials that are: "sexually stimulating, incite cruelty or violence, or encourage copycat behavior."^[2]:3

Adult-only games are given the rating:^[2]:4

・"Software prohibited for sale to individuals under 18 years of age" (R18)

R18 works may include explicit sexual content or other 'extreme expressions' inappropriate for minors, and are intended for adults "fully aware of social principles" by comparison.R18 software must not be packaged in such a way that makes it easy for people under 18 years old to get hold of them, and excessive exposure of sexually suggestive or sexually explicit expressions must not be used on the cover or spine of the package.^[2]:7

Production Standards

There are a number of subjective requirements that are judged when a work is reviewed designed to produce socially responsible works in line with public values and morals.

All of the following guidelines apply equally to depictions of both homosexual and heterosexual activity.^[2]:7/8According to the Code, any matter that significantly violates social acceptability but that is not otherwise specified in the above criteria will be decided by deliberation in accordance with established guidelines.^[2]:8

・Materials that are legally obscene according to Japanese law are prohibited, and the EOCS does not evaluate works that may be obscene in the first place.^[2]:3/6/7・No characters under the age of 18 may be depicted in sexually explicit activity, and no real person under the age of 18 may be involved in the development of R18 software.^[2]:7 (See above sections)

All content must not...^[2]

・Defame particular individuals or groups

・Damage the healthy development and mental stability of children and youth

・Constitute hate speech, disparage, or infringe on the human rights of:

・All races, ethnic groups, nations, or specific regions・Socially vulnerable groups such as the elderly, young children, etc.・Physically and mentally disabled people・Freedom of religion, and the dignity of religions, religious people, or religious ceremonies・Any profession, educators and minors

・Disrespect the law, social order, and morality:

・Expressions must not disregard human life, basic human rights, the spirit of democracy・Violence or crime, etc. must not be condoned, and militarism or war, etc. must not be justified・Depictions of conduct prohibited by law should not express/regard such conduct in a positive light・Any acts legally forbidden to minors must especially not be justified・There should not be unnecessary animal cruelty・Anything that would "undermine" family values such as "marriage and family life" must not be expressed/regarded in a positive light※Works dealing with crimes must state on the packaging that actions depicted constitute crimes and that imitation will result in commission of a punishable offense, so as not to encourage criminal activity.^[2]:2-3

※These do not prohibit merely depicting these types of antisocial behavior as subject matter, but rather, require treating it appropriately in such a way that the work itself does not constitute hate speech or encourage real life harmful acts/ideas (or otherwise be puriently, irresponsibly, fetishistic and excessive).

For sexual content...

・R18 software should have genuine artistic character, originality, and ingenuity, and not merely depict frivolous and gratuitous sex without elements like story and theme.^[2]:2-3・The appropriateness, length, frequency, and development of sex scenes should be balanced in the overall work.^[2]:2-3

・For some extreme sexual activity...^[2]:8

・In scenes of sado-masochism, degradation or pain inflicted, etc. should not be excessive.・The event of childbirth must not be depicted "frivolously" (いたずらに / itazurani)・Acts of incest within the third degree of kinship must not be depicted "gratuitously" ( 過度な / kado na)・Beastiality, or necrophilia must not be depicted "gratuitously" ( 過度な / kado na)

・Sexual violence must be handled appropriately:^[2]:8

・The illegal sex trade must not be "endorsed."・"Depictions of rape, gang rape, and other forms of aggravated violence that shockingly offend public morals concerning human rights violations against women and girls, and feel senselessly cruel are prohibited."^[2]:8

※Original:しく社会通念に違反する凌辱、輪姦等、暴力が加重される表現については、婦女子への人権侵害や虐待感をともなうものであり、禁止する。^[2]:8

※This prohibition applies to the moral character of the depiction rather than the subject matter of sexual violence itself; i.e. depictions which themselves feel harmful to the sensibilities of real women, not just that a fictional assault is depicted within a story context; there are ethical and unethical ways of handling the issue.

Depictions of Genitalia

In order to weather Japanese obscenity law, one main function of ethics boards like Sofurin is to ensure proper application of technical concealment treatment (sometimes called "mosaic") Male and female genitalia, as well as human waste, cannot be depicted without technical concealment.Technical Concealment is defined in the Code of Ethics as: "mosaic censoring, whiting out, masking, object smearing, etc." until "the shape of male or female genetalia and conjoined parts are no longer discernable,"^[2]:3 and must be applied to the following visual depictions:^[2]:7

・Direct depictions of male or female genitalia・Any visual that resembles conjoined genitals in positions of sexual intercourse.・Caressing or sado-masochistic abuse of exposed male or female genitalia, including with sexual devices・Urination, defecation, etc.

・Hidden commands, cheat codes, etc. that reveal genitalia or the interior of genitalia are not permitted.・Prohibited data cannot be included in software files even as internal data inaccessible to the end user.

Aside from technical concealment, there are several other guidelines and requirements for depictions of genitals:"^[2]:8

・Male and female genitalia must not be directly named by audio or text.・Depictions of pubic hair should not be excessive.・Depictions of the interior of genitalia or the anus should be refrained from.・Depictions of excrement should be simplistic and modest.

Common Disclaimers

Even in Japanese, developers include several types of content-related disclaimers with their software. These are typically stated on the packaging, store pages, in the software itself (such as on a splashscreen) or in print or electronic manuals.These are the most common types of disclaimers.

作中の性的な描写を含む場面に登場する人物は全て18歳以上です。Example: Erewhon (CLOCKUP)

Translation:
"All characters appearing in sexually explicit scenes within the story are 18 years old or older."

・Because of the requirement in Code of Ethics Article 7, most works include this disclaimer:

また暴力行為や、犯罪にあたる行為などを実際に行われますと刑法により厳重に処罰されますので絶対に真似しないでください”All violent and illegal acts depicted would be subject to just punishment under the law if carried out in real life. Absolutely do not emulate them.”Example: Dohna Dohna (AliceSoft, Shiravune), in original Japanese and official English

・There were once even stricter restrictions on incestuous depictions within the third degree of kinship,^[4] which are now cautioned against being depicted "gratuitously." Therefore, some works include a disclaimer that:

ゲームに登場するすべての家族関係(血縁)は、すべて架空であり義理関係です"All descriptions of family relationships are entirely fictional, and consist of step or in-law relations (not blood relations) within the setting."Example: Dohna Dohna, "Game Manual" (AliceSoft, Shiravune), in original Japanese and official English

・In order to prevent defamation, disparagement, or insult to specific individuals or groups (Article 6), many works include a disclaimer similar to this:

本作品はフィクションです  登場する人物・団体・設定等は全て架空のものであり
実在するものとは一切関係ありません”This is a work of fiction. All appearing people, places, and organizations are entirely fictional.
They have no relationship to anything in reality.”Example: Dohna Dohna (AliceSoft, Shiravune), in original Japanese and official English

[While it may serve the purpose of preventing things such as interperetations of libel in any work per EOCS guidelines, this also likely serves a dual purpose in adult games to mean the following:]

・Some works (primarily when officially localized into English) occasionally include this disclaimer:

"No actual human being was used [as reference] during the development of this computer software."Example: Evenicle II (AliceSoft), official English version published by AliceSoft.
※(Rance series and the first Evenicle have an identical disclaimer, excluding clarification portion in brackets.)

[I believe this because these games are self published by AliceSoft (after 2021; recall "Code of Ethics" Article 2). A similar disclaimer might be to the effect of, "this is a work of fiction and contains only sexual fantasies fabricated by creators"]

‡Footnote: [AliceSoft is used as an reference because the current CEO of parent company Champion Soft, Yoshinobu Shiraki, serves as a director for the EOCS^(c), and the previous development director and executive vice prisident of the AliceSoft brand, Kazufumi Tada, was one of few founding members of the EOCS^(d) who worked to establish this very Code of Ethics. AliceSoft both predates and has outlived most other eroge developers, and is widely and internationally renown as a model of industry excellence. Therefore, they are likely a positive example of regulation adherence.]

References

External Links

This page needs reworking and expanded content, but the information is correct in principle.

[※ The information contained in this website is targeted only to the United States of America unless otherwise specified, which is the predominant market that localization companies and storefronts cater to. Anyone outside of the United States should only use this information for reference while consideing the laws of your own jurisdiction.][Even those in the United States should use their own discretion when deciding to purchase any product from any store. These pages only describe and rate the legal information provided by these companies as they state it, and that information is their sole, respective responsibilities. I make no claims as to the accuracy of any information they provide.]

International Distribution

The dominant reputable international retailers for English versions of Japanese eroge are:

・jastusa.com
・mangagamer.com
・denpasoft.com (Sekai Project)
・ johren.games
・kaguragames.com
・fakku.net
・nutaku.net

These retailers can be evaluated by looking at the following things:

1. EOCS rating
2. "All characters are 18 years old or older"
3. U.S.C. Section 2257 Compliance Notice
4. Governing law
5. Contact information
6. Other content policies or prohibitions.

1. EOCS rating for distributed games

The first thing you should do is check to make sure a game has already been rated by the EOCS in Japan.This can be researched using the methods described in "Identifying EOCS Rated Games", briefly summarized below:

・The easiest way to do this is by searching for the game on moepedia.net (WIkipedia article in Chinese only).・All physical releases of games with the EOCS R18 sticker on the packaging have been rated.・It is often stated within the Japanese software that a game is EOCS rated. Occasionally, it is in English, too.・EOCS games are given a 7-digit + 1 letter identification code, which is usually displayed on Japanese download store pages for rated games in the product specifications.※Notably, Johren.games lists the EOCS rating codes for many games (such as those published by Shiravune)

This is proof that a game has already passed the Ethics Organization of Computer Software inspection and has been determined not to include sexually explicit depictions of underage characters according to their requirements. See "EOCS Content Regulation Criteria" for more details. Most pressingly:

・Words, accessories, descriptions, years, etc which state or imply a character is literally underage are prohibited.・Any character which clearly visually appears to be a child, based on appearance, development, or height difference when compared next to an appropriate adult character within the same work must be changed or removed.・If a character is also featured in any print material, website, or packaging, they must also not measure less than 5 heads tall. (This often overlaps with the previous criteria.)コンピュータソフトウェア倫理機構「美少女ゲーム（成人向けＰＣゲームソフト）業界の概要」 [Archived]

When a game passes inspection, it satisfies these conditions in a meaningful way.

The latest revision of the EOCS Code of Ethics (2020) states that all regulations apply to works distributed outside Japan by EOCS member companies. (This is clearly just a formality in light of the overseas expansion of the market, and would logically have been implicit already.)^[1][2]

2. "All characters are 18 years old or older" disclaimer

Retailers which display this disclaimer on their store page include:

・jastusa.com
・mangagamer.com
・johren.games

This can also be double checked against the original's EOCS rating if applicable.
Those that dont have instead a U.S.C. Section 2257 Compliance Notice (below) or they state it within individual software on a splashscreen (frequently both, but sometimes one or the other).

3. U.S.C. Section 2257 Compliance Notice

This is a United States record keeping law for producers of sexually explicit material (actual and simulated) that requires record keeping of all "actual human being" performers' identities & that those performers are 18 years of age or older at the time of the creation of said depictions. The law requires this statement:

All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website."(From www.fakku.net/terms)

Retailers which keep this notice somewhere on their website include:

・jastusa.com (The only of these to include langauge stating that "characters" are over 18 years of age.)＊
・denpasoft.com (It is hidden and must be found by a special search method) (Archived)
・fakku.net
・kaguragames.com
・nutaku.net (A Luxembourg-based website which also states compliance with 28 C.F.R. 75, Canadian law)

＊A brief version of jastusa.com's full 2257 notice is still viewable on every product page, but a "full" version has been offline for some time for unexplained reasons) (Archived Nov 2020)

[※Even as a supplement, it may have some value. It of course applies to any voice actresses or models which may have appeared. (This is provided for by the EOCS rating for applicable games as well, as is the prohibition of sexually explicit depictions of characters under the age of 18, even if U.S.C. Section 2257 doesn't say this exactly.)][While I cant comment definitively on the application of this to fictional "persons", there are mitigating factors, such as the EOCS rating for applicable games, and that it shows these are typically U.S.-based companies that are clearly not interested in breaking U.S. law and are trying to operate a lawful business with products that are legal to be bought and sold in their jurisdiction. (See below)]

4. Governing law

Governing Law, often specified in the retailer's Terms of Service but sometimes inferred from elsewhere, reflects the local and national laws they are bound by.

[Analysis: If it can be logically assumed that a legitimate business would not want to distribute any product that will get them in trouble with legal authorities of the jurisdiction in which they reside, then it would follow that said business is reasonably confident their products are legal to buy/sell in that location.]

Retailers which keep this notice somewhere on their website include:・jastusa.com : "State of California"・denpasoft.com : "State of California, USA"・fakku.net : "State of Oregon, USA"・kaguragames.com "Santa Clara County, California, USA"・nutaku.net "Luxembourg" (Recall the 28 C.F.R. 75 notice for Canada as well)

mangagamer.com is headquartered in Tokyo, Japan, but sends physical copies of some of their games by the U.S. Postal Service from Calfornia, USA. They employ staff from across the United States and in other countries such as the United Kingdom to translate and program these games as well. Their games also have no mosaic censorship and so would be illegal in Japan.johren.games states that they conduct operations from Japan and partially from "other countries such as the U.S.”, and that they “reserve the right to…cooperate with legal authorities”, including the “California Department of Consumer Affairs” (and provides contact information to the CA DCA complaint assistance department, citing California code), and that their products are “protected by United States…Copyright Law” (citing US code).

On their "About Us" page, however, they list their address in Cyprus.

※Both mangagamer.com and johren.games sell exclusively to markets outside of Japan, expressly the United States (dealing in USD), and IP region block their websites from being accessed from within Japan.

5. Contact information

Contact information may be further proof that this distributor is unafraid of selling their products and of identifying themselves. Also, that they are doing business in good faith.It could not hurt to ask for additional information if you have any concerns about materials they sell.(Sometimes, such as in the case of denpasoft.com and nutaku.net, they offer a point of contact expressly for legal questions about the sexual depictions themselves, usually called a "custodian of records")

[※In the process of researching for this site, I asked a representative from JAST USA (Discord administrator) for clarification about their 18 USC 2257 policy, and they refused to comment, only stating that:]"...in over twenty years of publishing eroge in America, we've never had even an inkling of a legal issue."

6. Other content policies or prohibitions

Some websites state that they prohibit the transmission of illegal content through their services, or have other such policies. This reflects a degree of legal awareness on the part of that company, and it would be reasonably expected to extend to their own operations as a legitimate business. It may help to look for any additional 'tidbits' like that. For example:

"Johren’s performance of the Terms is subject to existing laws and legal process," and they prohibit the transmission of "information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person" through their services.www.johren.games/terms (Archived)

JAST USA licenses games from original Japanese publishers for localization, and then publishes their English version for sale in the western market.According to their "About us" page, JAST USA was founded in 1998, but according to Wikipedia, they may have been founded in 1996, and released English games as early as 1997.

jastusa.com is their storefront for their own published products, as well as a number of games from other publishers in recent years (such as those from Sekai Project, AliceSoft, and even some indie or doujin games - some of which were originally in English rather than Japanese.)

※Recall that in Japan, indie (doujin) games are often not rated by the Ethics Organization of Computer Software. Therefore, one may desire to conduct additional research at the source.

Their terms include the following:

- Governing Law: the State of California, USA.- JAST USA is based in San Diego, and provides their business mailing address.- Direct contact information by phone number is provided.

Their other modes of contact are by joining their official Discord server or posting to their support portal (message board).

[※In the process of researching for this site, I asked a representative from JAST USA (Discord administrator) for clarification about their 18 USC 2257 policy, and they refused to comment, only stating that:]"...in over twenty years of publishing eroge in America, we've never had even an inkling of a legal issue."[I did not attempt to contact them by phone or support portal.]

- On each product page for games featuring sexually explicit content, the following notice can be viewed in the "Disclaimer" tab:

"Characters, places and events are fictional – resemblance of real-world people, places or events is purely coincidental.""All characters, models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct are at least eighteen years of age or older. Read the full 18 U.S.C. Section 2257 Compliance Notice."

※The "full 2257 Compliance Notice" is a link, but the page has been offline for some time for unexplained reasons. This page specified some exceptions:・Depictions of "simulated" sexually explicit conduct.
・Depictions created before a certain date.The most recently archived version can be found here:
(Archived Nov 2020)

[※Because JAST declined my request for comment, I was unable to ascertain more about this notice's applicability or why the page may have been taken offline.]

MangaGamer localizes both R18 eroge and all-ages games, and has for many years. In addition to localizing games, they operate a digital storefront which sells their own localized games and games from third party producers.mangagamer.com sells both download games and physical editions of some first-party-localized games (such as from Japanese developers AliceSoft and CLOCKUP), including USB, DVD, and Special Edition copies.According to their "About Us" page (Archived), their motivations for localizing games are to share "moe" and "otaku" contents with the world, because of the growing overseas interest in light of the internet, and because "the Japanese companies are unsure of how they should interact with the potential consumers that exist throughout the world, due to language barrier and physical distance...in the shape its creators originally intended to."

- Mangagamer is based in Tokyo Japan, operated by Koji Hota with Japan Animation Contents Inc.

However, they have staff working on their releases in the United States and other places worldwide.

Additionally, many of the games they localize have no mosaic censorship, which is required by Japanese law. Their website is blocked to people visiting from within Japan. A www.whois.com lookup reveals they registered from Japan with GMO Internet, Inc. (and has some additional ownership and contact information), but this would suggest something more.Concerned parties might ask MangaGamer for comment at... (↓)

- Physical game copies are shipped from California, USA
The sender on their packages is "Japan Animation".

- MangaGamer provides direct contact information on their full Terms and Conditions at www.mangagamer.com/r18/terms.php  (Archived 2023/01/19)

- When visiting the R18 section of their website, Mangagamer provides the following disclaimer, (and an age gate field where the customer must enter their birthdate to enter.)

*"All characters depicted in our products are at least 18 years old."
*

- Printed on the packaging of physical editions of games (In a small box on the back) is a similar disclaimer, which varies slightly from release to release, most often reading:

"This computer software is entirely a work of fiction, and features artistic portrayals of sexually explicit material. Use of this software or its files in any way are restricted to adults ages 18 [and] over. All characters depicted in this game are 18 years [old] or older."

(Rance VI + 5D Deluxe Edition) / © Mangagamer & AliceSoft

(Rance 01 + 02 Limited Edition) / © Mangagamer & AliceSoft

(Rance Quest Magnum Limited Edition) / © Mangagamer & AliceSoft

The slight variation can probably be explained by the fact that is is rewritten for each game, but the core idea is the same, especially, despite its variations, 'All characters are 18 or older.'

- Mangagamer consistently provides detailed legal disclaimers in the splashscreen of individual game software, and seems to have done so since the early days of their company.Compare the recent release of Rance 01 (Oct 29, 2020, left) to the older release of Guilty -TheSiN- (Mar 14, 2011, right)

Rance 01 © 2013+2020 AliceSoft & MangaGamer / Guilty -TheSiN- © 2003+2011 Tactics & MangaGamer

Sekai Project was one of the earliest localization companies for visual novels, based in Los Angeles, California, USA.They are known for games such as Key/VisualArts's all-ages Clannad and Little Busters, and adult games like NEKO WORKs's Nekopara (which Sekai project helped release simulaneously in the west and in Japan.denpasoft.com is their adult imprint and storefront. In addition to eroge, Denpasoft also sells erotic manga and some physical merchanidse through their website.Sekai Project also sells adult games on Steam, some of which require a seperate download from Denpasoft to restore their adult content. Some others (like Nekopara) have adult content available on Steam, though this has declined drastically in recent years.Sekai Project's legal disclaimers are not easy to find. Links have been made available and then hidden on their website over time. I was able to find their section 2257 notice by Searching "2257" on their 'page not found' error page.

- Governing Law: the state of California, USA.- A hidden U.S.C. Section 2257 Compliance Notice can be found with some sleuthing (Archived 2023/01/19).Interestingly, they are one of the few to provide a mailing address for their legal custodian of records "For any inquiries pertaining to any models/actors/actresses shown on these pages" (continued below)"In compliance with United States Code, Title 18 – Record Keeping Information, Section 2257, all models, actors, actresses and other persons that appear in any visual depiction of actual or simulated sexual conduct appearing otherwise containedat www.denpasoft.com were over the age of eighteen (18) years at the time of the creation of such depictions. The operators of this web site is not the primary producer (as that term is defined in 18 U.S.C. section 2257) of any of the visual content contained within.The original records are kept by the following Custodian of Records:Address:
Legal address: 14777 Carmenita Rd, Norwalk, CA 90650...With regard to the remaining depictions of actual sexual conduct appearing or otherwise contained at www.denpasoft.com, a copy of the records required pursuant to 18 U.S.C. – 2257 and C.F.R. 75 are kept at the following location by the Custodians of Records. For any inquiries pertaining to any models/actors/actresses shown on these pages, please contact:Address:
Legal address: 14777 Carmenita Rd, Norwalk, CA 90650"- Note that this Compliance Notice does not read "characters", so this may fall to individual software to state it, but I have no memory of a specific software which does. Anyone with remaining concerns might be advised to contact this custodian of records.- They provide direct contact information (Archived 2023/01/19), through a support portal on the website, and by telephone number, but they "do not provide support by phone."

Sekai Project provides their full Terms of Service at: denpasoft.com/terms-of-service  (Archived 2023/01/19)

(Archived citations are from Johren's general audiences imprint johren.net, because johren.games requires an age verification that breaks the site in the Wayback Machine. The content is identical at time of citation.)

Johren is a relatively new storefront, but in reality the global distribution platform for Japanese industry veteran DMM.com Group (FANZA Games). Despite this, it is distanced from DMM branding. One conclusive piece of evidence is a Johren user questionnaire from 2020 (Archived), which states __"This form was created inside of DMM.comグループ."
__

Consequently, Johren states they are based in Japan (Privacy Policy) (though IP blocks visitors from within Japan) but may actually be based, at least partly, in Cyprus ("About Us") (Also found at Archived johren.net version 2022/10/06).Johren sells to English and Chinese speaking markets (and their games are often available in English and Chinese). They accept the following currencies:

USD (United States, the primary currency)・TWD (Taiwan)・CNY (China)・HKD (Hong Kong)・ JPY (Japan)

Johren operates two websites, johren.net for non-age-restricted games, and johren.games for adult-only games.

Johren's primary business model is based around free-to-play games (such as 'mobile game' style games) but they also sell premium paid games, which include the same types of eroge or visual novels you would find on other stores, though not every publisher makes their games available on Johren.They are noteworthy, though, for being two things:
1. The exclusive storefront for adult games published by Shiravune, a DMM-affiliated localization company responsible for high-profile releases such as AliceSoft's DoHna DoHna and Heliodor's Meteor World Actor which are only available on Johren (and Aquaplus's Utawarerumono series which is available on Steam because it is all-ages) because they are...2. The only English eroge storefront which supports Digital Rights Management on their products. This, coupled with the fact that those aforementioned localizations came about through DMM funding, explains why these high-profile releases remain available only on Johren.

Information on Johren can be found at www.johren.games/terms (Archived 2023/01/20) and www.johren.games/privacy-policy (Archived 2023/01/20)

- Johren displays clearly on their website:

"All characters are 18 years or older." (johren.games)

- Governing Law:

Their business address is listed as "JOHREN Ltd. 9 Aiolou & Panagioti Diomidous, 3020, Katholiki, Limassol" (in Cyprus). ("About Us")"...a majority part of our services in our commercial operations are provided by us in Japan and other countries such as the U.S." (Privacy Policy)Their products are protected by "United States and international" copyright law "Pursuant to Title 17, United States Code, Section 512(c)(2)" (Terms).They cooperate with "legal authorities"such as the "California Department of Consumer Affairs", providing a "California Civil Code Section 1789.3" notice directed at "California Websites users", and provides contact information for "The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs" located in Sacramento, California (Terms).

- In addition (from "Terms and Conditions"):

・"Johren’s performance of the Terms is subject to existing laws and legal process,"・Johren prohibits the transmission of "information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person" through their services.

- Johren displays Ethics Organization of Computer Software (EOCS) Rating Codes in the product details / description of applicable games (Such as those from Shiravune and AliceSoft).

"Rated by the Ethics Organization of Computer Software (EOCS): 2003189K"(Example: DoHna DoHna, Johren.games)

They are the only English storefront to include EOCS rating codes.

- They provide contact information for "any questions about the Service or these Terms" and to report copyright infringement by direct email (found in their Terms and Conditions).-as well as a seperate customer support contact form for general website inquiries at www.johren.games/support/general-inquiries

Kagura Games self-describes as "a publisher specializing in native English translations and localization of indie games." (Steam) This seems to primarily include RPG-maker style games.

※Recall that in Japan, indie (doujin) games are often not rated by the Ethics Organization of Computer Software. Therefore, one may desire to conduct additional research at the source.

They also operate their own storefront at www.kaguragames.com where they sell many of the same commercial games that other global storefronts do, such as those from AliceSoft, and those sublicensed from Sekai Project (Denpasoft)Kagura Games provides legal information regarding their products and business at:
www.kaguragames.com/terms-of-service/ (Archived 2023/01/15Their terms include the following:

- Governing Law: Santa Clara County, California, USA.- A U.S.C. Section 2257 Compliance Notice is provided in their Terms of Service and on every product page:"All models, actors, actresses, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. Concerning all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content, or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website."- Note that this Compliance Notice does not read "characters", so this may fall to individual software to state it.- They provide direct contact information, offering to answer "any questions" by telephone number and email address in their [Terms of Service ]((https://web.archive.org/web/20230115001059/https://www.kaguragames.com/terms-of-service/).

Fakku! began as an erotic manga localization company. However, since recently, they sell download eroge as well, such as from AliceSoft, NekoNyan, YuzuSoft, Illusion, Saga Planets, qureate, Norn / Miel, and others, including doujin games.I am not able comment on the regulation of manga or doujin games in Japan and have no expertise on the matter. Regulatory status for these products in original Japanese may vary.

Fakku! provides legal information regarding their products and business at:
www.fakku.net/terms  (Archived 2023/01/15Their terms include the following:

- Governing Law: State of Oregon, USA.- A U.S.C. Section 2257 Compliance Notice is provided, only appearing in their Terms of Service."All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website."- Note that this Compliance Notice does not read "characters", so this may fall to individual software to state it.- They provide direct contact information, offering to answer "any question", through the following modes:

* "Customer Service Contact Form", telephone number, email address,* and * mailing address (PO Box)
*

GOG is a mainstream digital games retailer based in Warsaw, Poland, and a subsidiary of CD Projekt S.A. In the last couple years, they've begun selling a number of adult games on their platform in addition to mainstream games, such as those originally published by JAST USA and AliceSoft.While I was personally unable to find a U.S.C. Section 2257 Compliance Notice or similar on their website, games punlished by JAST USA display the following on their store pages:

GOG's full provided legal documentation can be found at:
support.gog.com/hc/en-us/sections/115000136785?product=gog

Their terms include the following:

- Governing Law: Warsaw, Poland.

Webmaster: .farside (Kitty W.・it/its)

I do not answer questions, & am sorry for any inconvenience. This website already contains everything I know. Outside of that, I can't help you.However, I will respond to urgent matters through this form.Please include your email address so that I can return your message.

If you would like to contribute to the wiki, please write in the subject field:

"Wiki Contribution"

ONLY the following types of contributions are acceptable:

- Official storefront product policies- Information on relevant laws, rulings, documentation, or expert legal blogs- Transcripts of disclaimers within games- EOCS rating information (general or game-specific)- Scholarly articles in published journals (can include social sciences, gender/sexuality studies, art history, or similar)- Comments, interviews, etc from publishers, localization companies, industry experts, & developers- Corrections of errors on this site

Please source your submissions, & "keep it official."DO NOT link to any webpage which displays photographic pornography of any kind.

If you're not sure whether your source is acceptable, please describe the source without linking, eg. "It is a Twitter thread with a unique perspective on why people like erotica," or, "It is a review video on YouTube describing the qualities of a certain game."This will be evaluated case by case, & if it is determined to be of sufficient quality, you will be contacted by email so we can discuss the details.

Webmaster: .farside (Kitty W.・it/its)Contact Form

Collaborators:SpeedyNoelle (Amelie Doree)

Special Thanks:Kitty-tama ・ Andrew Hodgson (Steiner)

Principles:

1. eroge.fyi strongly condemns sexually explicit depictions of children, and the intended use of this website is to learn how best to avoid such extreme content.2. We also strongly condemn any pornography (even of adults) produced using live actors and/or real sex acts, as the foundation of the pornography industry is abuse, exploitation, and trafficking. We consider purely art (such as eroge) a harmless, morally imperative alternative.3. eroge.fyi is designed to provide the public with tools to make informed decisions, and identify/judge proper best practices of which they may not have been aware, in order to help prevent obscenity-related incidents.

Legal Notes:

Nothing on this website should be interpereted as constituting legal advice.This wiki is only an aggregation of publically available information from other sources, published literature, and opinions for personal reference/convinience only.Your actions are your sole responsibility, so please seek professional, qualified legal council, and use your own best judgment and due dilligence before making any decisions. Research the laws of your jurisdiction, as you must abide by them.eroge.fyi is not affiliated with any company or organization described herein.Translations are provided for reference only and may not be fully accurate. This website is provided only in English.No sexually explicit material is contained within this website.

※eroge.fyi was previously named "ErogeKisei" but this was changed because there may be another website by this name that is unaffiliated with eroge.fyi and whose views do not allign with those of eroge.fyi and its operators. The only affiliation of eroge.fyi is .farside

Copyright Information:

Materials contained within this website are property of their respective rights holders and included only for nonprofit, educational purposes, and concerned only with factual and not creative matters.The intent of their inclusion is to:- Create a comprehensive resource on a subject that is elsewhere poorly synthesized, obscured, or unavailable in English, where none other exists and one is sorely needed for the public good (outlined in our Principles).- Verify the truthfulness and accuracy of sensitive information (for which imprecision and resultant misunderstanding may pose a tangible risk) by providing verbatim sources as absolutely necessary.(Images, rather than only text, are used to this end in certain cases where such information can not otherwise be viewed/archived from the internet.)

Copyright notices and sources are provided with each citation.

Terms for Redistribution:

If you share copied text/screenshots of this website, you must attribute it by including the page URL in the post or image.(This is not just for credit, but so that an interested party may find the source for the most up-to date and accurate information in case any corrections have been made.)Because this is an informational website concerning sensitive matters of fact, altering the text etc. of any site content you share is strictly prohibited.Do not re-share content from other rights holders that is referenced on this site (described below). Instead, link to the page URL.

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Citations

Article 1: The purpose of the Ethics Organization of Computer Software is to promote sound production and sales activities of computer software, and to promote the healthy upbringing of youth. They will self regulate with Sofurin's Code to improve ethical standards while protecting feedom of expression.^[2]:1Article 2: Sofurin regulations apply to: "Titles, content, expressions and depictions therein" of computer software imported, produced, and sold in Japan by Sofurin Members, as well as printed materials, packaging, advertizemens, in store displays, and other promotional materials.^[2]:1
・As of July 1, 2020, a clause was added that formally stated that these regulations also apply to software distributed outside Japan by Sofurin Members.^[2]:1Article 3: Sofurin targets all "computer software and other media that run on computer hardware and consist of data intended for display and viewing" (computer software, etc.).^[2]:1Article 4: Defines "production standards" and "sales standards" (above) and notes that these may be revised over time considering "fluidity of social culture" and "trends in computer software."^[2]:1Article 5: Sofurin will compile and provide to members guidance about laws and regulations in Japan, including criminal laws and local ordinances related to the sound upbringing of youth.^[2]:1Article 6＊: General ethical principles to be observed in the production and sale of software (continued below).^[2]:2Article 7＊: Sets forth more "production standards" and defines technical concealment (continued below).^[2]:2-3Article 8: Sets forth "sales standards" and age ratings designations.^[2]:3
・Software works targeted to children under 18 years of age cannot include materials that are: "sexually stimulating, incite cruelty or violence, or encourage copycat behavior."^[2]:3 (Elaborated on in Article 10)Article 9: Defines the three general software age rating classifications: "all ages" / (12+) / (15+) according to the "level of awareness of social principles" of the target audience.^[2]:3-4
・Also defines "software prohibited for sale to persons under 18 years of age" (R18), for those who are "sufficiently mature" and "fully aware of social principles."^[2]:4Article 10: Defines each type of content in 3 categories "sexuality and adult entertainment" / "law and justice" (including violence) / "education" (including substance use and delinquency) which may cause a work to fall into each general software age rating designation.^[2]:4-5Article 11: Provides a very long and broad list of examples of content in the three above categories which are considered explicit or extreme and will cause a work to be designated as R18, excluding legally obscene materials which are ineligable for examination.^[2]:5-6Article 12＊: Matters that cannot be depicted or that have conditions for depiction in software works prohibited for sale to persons under 18 years of age (R18)^[2]:7-8 (continued below).Article 13＊: Precautions to be noted when producing software works prohibited for sale to persons under 18 years of age (R18)^[2]:8 (continued below).

・Works that "frivolously depict gratuitous sex and lack elements such as story, theme, development, and game-like driving forces" are strongly cautioned against and should not be produced.^[2]:2-3・"Appropriate settings for depicting nudity and sex scenes should be devised, and particular attention should be paid to the balance between the necessity and development of sex scenes, length, frequency, and their cumulative effect, in terms of composition."^[2]:2-3・"The content should be enhanced and improved by utilizing the unique qualities of computer software to strive for originality and ingenuity in the system, scenario, theme, development, gameplay, sound, etc."^[2]:2-3

EOCS Rating

In short, the EOCS prohibits (as of October 2006):

EOCS rated games are given an identification code. This code is not always provided, but it is usually on Japanese store pages for the same game. Johren is the only English store page I know that routinely displays them.

EOCS rated games are given an identification code. This code is not always provided, but it is usually on Japanese store pages for the same game. Johren is the only English store page I know that routinely displays them.

※ Presently, I do not know of any method to reverse-lookup this code to obtain detailed information about a specific game's content. It's only proof that it really is rated, basically.

Example of an EOCS rating identification code: 1900183K (Alpha Nighthawk, from Johren.games)

"This game was inspected by the Ethics Organization of Computer Software
and approved for sale to individuals over 18 years of age."Example: DоНnа:DоНnа (Developer: AliceSoft, Publisher: Shiravune, Store: Johren.games)

"All characters are 18 years old or older"

Short and to the point. In my opinion, this is the preferred disclaimer, because it directly addresses the fictional content. Really, this phrase is probably short for "All characters engaged in visual depictions of sexually explicit conduct are 18 years of age or older", since usually, eroge are larger works of fiction which occasionally include child characters in the narrative but not present in visual depictions of sexual activity (whats important), but anyone knows that's the intended meaning. This is consistent with EOCS guidelines.

Also, recall that the Ethics Organization of Computer Software already prohibits rated games from depicting/indicating children/under 18 years of age, so if the game you are buying was rated by the EOCS, then this is already implicit. Regardless, an additional disclaimer is vastly preferred.This should be considered mandatory for doujin games which are not rated by the EOCS.

Examples of English storefronts which display this disclaimer on their website:

・Johren.games

"All characters are 18 years or older."

・Mangagamer

"All characters depicted in our products are at least 18 years old."

・JAST USA

"All characters, models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct are at least eighteen years of age or older."

Occasionally, this is included on a "splashscreen" within the work itself. I would say that either on the store page or software is good, because a storewide disclaimer applies to any products that store carries.

Recall that the EOCS already prohibits rated games from depicting/indicating characters under 18 years of age, so if the game you are buying was rated by the EOCS, then this is already implicit. Regardless, an additional disclaimer is vastly preferred.

U.S.C. Section 2257 Compliance Notice

18 U.S. Code § 2257 is a record keeping requirement for producers of sexually explict material, that requires them to maintain records of all "actual human beings" (ie. living persons) who perform in or are otherwise depicted in that material, including their real name, stage name(s), date of birth, and other true and accurate identification, and that those performers be 18 years old or older. This is subject to periodic inspection, and must be displayed at places of business (such as websites where content is available). This applies to actual or simulated sex acts.

Considering this applies to real people, one might not think of it as applying to eroge (you may recall that it is a provision in Japan that character drawings not be referenced from actual people). However, eroge typically feature voice acting. In my opinion, this would make voice actors/actresses (seiyuu) "performers", as it is a form of simulated sexual conduct. These performances are typically recorded in professional studios and so naturally are not produced through actual sex acts.

Japan has analogous record keeping requirements for performers, so this is more of a US-specific requirement than anything which offers more insight into product content than is already implied, and therefore is not necessarily better than a store/product disclaimer that states all characters are 18 years old or older. In fact, it may by some readings be inferior when "characters" are not mentioned, as it could be interpereted to refer to performers (eg. seiyuu) and not the fictional content. Still, it could potentially be interpereted that "persons" as often phrased in these notices also refers to fictional "persons" which need not actually exist necessarily according to some obscenity laws, for example.

However, some localization companies, such as JAST USA＊ (jastusa.com), adapt this notice to include "characters", and so this notice would in that case serve the purpose of the content disclaimer.

・Jast USA

"All characters, models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct are at least eighteen years of age or older. Read the full 18 U.S.C. Section 2257 Compliance Notice."＊ For some reason, the full Compliance Notice webpage has been unavailable for a while?
(Archived Nov 2020)

Stores with Section 2257 Compliance Notices which do not mention "characters" directly are:

・denpasoft.com (It is hidden and must be found by a special search method) (Archived)・Kagura Games・Fakku!・nutaku.net (A Luxembourg-based website which also states compliance with 28 C.F.R. 75, Canadian law)

It's worth keeping a lookout for these as a supplement, but in the end, the most value it has is as additional confirmation that 'all actresses are 18+' (can be inferred from the game's Japanese production) and an alternative means of saying 'all characters are 18+' (which is equivalent on its own). But they can sometimes vary. In terms of eroge, it can't be called a "gold standard" necessarily.

In these cases, it may be worth making sure individual software states "all character are 18 or older" in addition, such as on a splashscreen.

Also, recall that the Ethics Organization of Computer Software already prohibits rated games from depicting/indicating characters under 18 years of age, so if the game you are buying was rated by the EOCS, then this is already implicit. Regardless, an additional disclaimer is vastly preferred.

Despite these particularities, the inclusion of such a notice, in my opinion, is evidence that a store is not interested in breaking the law, and may supplement the following topic:

Governing Law

The governing law of a distributor is often specified in their Terms of Service. This usually aligns with the location of the business's headquarters. That distributor is bound by the laws of the country in which they reside.In the context of buying sexually explicit games, this is a good indicator that the products on that business's website are legal to be bought and sold in their home country. Most eroge localization companies are based in the United States. Therefore, it should be reasonably assumed that if you live in the United States, it is legal to buy something from a United States-based company.Because of certain record keeping (above) and tax requirements, as well as the fact that their employees would have to legally recieve and send the software to work on it, it would be extremely risky to sell something that could be deemed illegal and catch the attention of regulators. It only makes sense that businesses would protect themselves against this, especially because they often list their contact information (continued).Sometimes, this is not explicit, but it can be inferred from information about their data processing practices (country of operation), copyright law jurisdiction, and names of any other legal authorities they cooperate with (for example, the California Department of Consumer Affairs).In my opinion, a company that says they will cooperate with law enforcement entities might also be reasonably assumed to not likely be selling anything that would get themselves in trouble with those same entities.

Contact Information

There are three reasons contact information is also good to have.

1. It is further proof that this distributor is unafraid of selling their products and of identifying themselves. Also, that they are doing business in good faith.2. It could not hurt to ask for additional information if you have any concerns about materials they sell.3. Sometimes, such as in Sekai Project's case, they offer a point of contact for legal questions about the sexual depictions themselves.

Note: They might not always answer, since these questions are for a legal department and the customer service point of contact is not always trained or able to answer these inquiries because requirements are strict & delicate. If they are unable to respond, I would not take it as evidence of them hiding anything, just that you're likely speaking to someone unqualified who may or may not even be able to ask the right person, or they stick to "as it is written."

Other Content Policies or Prohibitions

Some websites state that they prohibit the transmission of illegal content through their services. This reflects a degree of legal awareness on the part of that company, and it would be reasonably expected to extend to their own operations as a legitimate business.For example, Johren.games states:

"Johren’s performance of the Terms is subject to existing laws and legal process," and they prohibit the transmission of "information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person" through their services.www.johren.games/terms (Archived 2023/01/20)

When investigating a storefront for yourself, keep an eye out for any further details they might offer about their products or services. This may vary.In cases where direct contact information is offered, and your inquiry falls within their bounds, it may be worth asking yourself when in doubt.