adminThe Anbernic Notorious Market List issue centres on a recommendation from the Entertainment Software Association (ESA) to include the retro gaming hardware maker in a US government report. The recommendation raises questions about devices sold with game collections and the distinction between emulation hardware and unauthorised copies of copyrighted games.
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Anbernic and the Notorious Market List recommendation
The Notorious Markets List is an annual report from the Office of the United States Trade Representative (USTR). It identifies online and physical markets that are reported to engage in, or enable, substantial trademark counterfeiting or copyright piracy. The ESA has asked the USTR to add Anbernic to the list; that request is a recommendation, not confirmation that the government has added the company.
Anbernic, a China-based manufacturer, produces handheld devices designed to emulate older gaming systems, including platforms associated with Nintendo, PlayStation and Sega. The company suspended shipments to the United States last year after tariffs were implemented.
What the ESA alleges about Anbernic devices
In its filing, the ESA alleges that some Anbernic devices are sold or shipped with removable memory cards containing hundreds or thousands of unauthorised copies of games published by its members. It says those collections can allow games to be played without a purchase or licence and may involve circumvention of protections used to control access to or copying of games.
The trade association argues that preloaded collections make piracy easier to access by packaging games with consumer hardware. It also says that professional retail presentation and sales through mainstream channels can shift the work of monitoring listings and pursuing enforcement onto publishers and marketplaces.
The ESA describes illicit plug-and-play consoles and handhelds as comparable to counterfeit products. It contends that one device could displace purchases across several publishers and console generations, including sales of authorised games, compilations, subscriptions, remasters and licensed retro hardware. These are claims made by the trade association, rather than findings stated by the USTR.
Other risks raised in the filing
The ESA also says devices containing unauthorised game libraries may create security, privacy and financial risks, bypass player and child-safety protections, and place additional burdens on rights holders and governments. For consumers considering retro hardware, a practical point is to check what games and storage media are included, and whether the seller can show that the games are authorised.
Beyond hardware, the association urged the USTR to consider cracked-game sources, repackers, linking sites, torrent and piracy-coordination markets, unauthorised digital-goods marketplaces, and commercial cheat markets. It also named G2A in its discussion of digital-goods marketplaces, alleging that the platform facilitates account and in-game item sales at scale despite previously representing that it did not permit certain such sales.
Seven enforcement steps proposed by the ESA
To address the activity it describes, the ESA asked the USTR to recommend steps for governments and marketplace operators. Its proposals include:
- Consider preloaded unauthorised game collections key evidence of commercial-scale piracy.
- Inspect storage media shipped with devices, whether bundled or sent separately.
- Require sellers to demonstrate that included games and protected branding are authorised.
- Suspend repeat sellers and related storefronts, rather than removing only individual listings.
- Keep seller, payment, shipping and advertising records for enforcement purposes.
- Improve customs targeting of devices and components linked to preloading operations.
- Coordinate action involving manufacturers, exporters, importers, fulfilment providers and online marketplaces that knowingly enable these products.
What happens next
The filing asks the USTR to consider these concerns as it prepares its annual report. The Anbernic Notorious Market List question therefore remains a recommendation until the USTR publishes its decision. Readers should distinguish the ESA’s allegations from any final government determination, and check official reporting for the outcome.
