The Entertainment Software Association wants the U.S. government to put Anbernic on its “Notorious Markets” list, arguing that the company’s emulation handhelds help sell unauthorized copies of games. The distinction doing considerable work here: third-party sellers routinely bundle ROM-filled memory cards with the devices, while Anbernic does not appear to include them when selling directly through its own website.
The ESA submitted its request to the U.S. Trade Representative last week. The trade group, whose members include Nintendo, Microsoft, PlayStation, Amazon, Epic, EA and Ubisoft, says Anbernic devices are “routinely offered or shipped” with removable cards loaded with hundreds or thousands of unauthorized games from its members.
That describes a familiar corner of the retro-gaming market. Small Android handhelds offer an appealing way to play older games, and emulation—the use of software to imitate another system’s hardware—is not itself the same thing as copyright infringement. The question raised by the ESA is what happens when a ready-to-play device is sold alongside a library of games its publishers did not authorize. Convenience, it appears, can have a licensing problem.
Who is selling the games?
According to the source material, online sellers commonly package ROM-loaded SD cards with emulation hardware, but the cards are not a standard part of Anbernic’s direct sales. That matters. The ESA’s filing targets Anbernic for allegedly enabling and normalizing piracy through its products; it does not establish that Anbernic itself routinely sells the infringing game files.
The group calls these products “superfakes,” a loosely defined label it says applies to high-quality counterfeit trademark goods sold at commercial scale. Its argument is that illicit game collections delivered through polished consumer hardware make piracy look like an ordinary retail feature. The filing’s language is forceful. The available facts about who supplies the ROM cards are more specific—and less convenient for a simple villain-of-the-week story.
What the list can—and cannot—do
Being named on the USTR’s Notorious Markets List would not, by itself, impose direct legal penalties on Anbernic. The USTR says the list is intended to raise awareness and encourage authorities, market operators and governments to prioritize efforts against piracy and counterfeiting.
It could still have consequences beyond a sternly worded entry. Inclusion may precede a Section 301 investigation, which could lead to legal action or import restrictions. Those outcomes are possibilities, not results of the request itself.
The dispute is about more than a particular handheld: it reflects a broader fight over whether hardware makers should answer for unauthorized content that third parties bundle with their products. The ESA has made its case to the USTR. Whether the government considers that case persuasive—and where it draws the line between a device and the unofficial library sold beside it—remains unresolved.
Sources: Glitch Please! and Ars Technica — https://arstechnica.com/gaming/2026/10/esa-targets-anbernic-emulation-handhelds-as-superfake-piracy-enablers/ — Reporting on the ESA’s request to the USTR; notes that TorrentFreak was among the first to report the filing.
Generated by AI
