ESA flags retro console maker Anbernic for inclusion on US government’s Notorious Market List
The Entertainment Software Association (ESA) has formally recommended that Anbernic, a Chinese manufacturer of handheld emulation devices, be added to the US government’s Notorious Markets List. The annual report, published by the Office of the United States Trade Representative (USTR), identifies online and physical marketplaces that engage in or facilitate substantial trademark counterfeiting or copyright piracy.
Anbernic produces handheld devices designed to emulate retro gaming systems from major platform holders including Nintendo, PlayStation, and Sega. Critically, these devices come pre-loaded with extensive unlicensed game catalogs, which the ESA characterizes as “superfakes” that normalize hardware-based piracy. According to the ESA’s filing, Anbernic “normalises hardware-based piracy by delivering illicit catalogues through a polished consumer product.”
The ESA’s October filing urges the USTR to crack down on what it terms “illicit plug-and-play consoles and handheld devices” by including them on the Notorious Markets List. This action reflects the gaming industry’s growing concern over the accessibility and market legitimacy these emulation devices have achieved. While emulation technology itself is legal, the pre-installation of copyrighted games without proper licensing violates intellectual property rights of game publishers and platform holders. Inclusion on the list could have significant consequences for Anbernic’s operations and potentially other similar manufacturers.