ESA flags retro console maker Anbernic for inclusion on US government’s Notorious Market List
The Entertainment Software Association (ESA) has filed a complaint requesting that the US government add retro handheld console manufacturer Anbernic to its Notorious Market List, an annual report identifying marketplaces engaged in trademark counterfeiting or copyright piracy.
Anbernic, a China-based company, produces handheld emulation devices designed to replicate classic gaming systems from Nintendo, PlayStation, and Sega. These devices are sold pre-loaded with collections of unlicensed games. The ESA characterizes the devices as “superfakes” that “normalize hardware-based piracy by delivering illicit catalogues through a polished consumer product.”
The complaint targets what the ESA terms “illicit plug-and-play consoles and handheld devices,” arguing that Anbernic has streamlined pirated game distribution by bundling unlicensed content directly into the hardware. According to the Office of the United States Trade Representative (USTR), which maintains the list, inclusion would identify Anbernic as facilitating copyright piracy and could influence US policy and enforcement priorities.
While emulation technology itself is legal, the unlicensed distribution of copyrighted games remains the core dispute. Inclusion on the Notorious Market List would raise the profile of these devices in government oversight, though it would not automatically restrict US sales. The case reflects ongoing tension between intellectual property holders and manufacturers of emulation hardware in consumer markets.