Chinese gaming hardware manufacturer Anbernic is facing increased scrutiny from the US video game industry after the Entertainment Software Association (ESA) asked the US Trade Representative (USTR) to consider adding the company to its Notorious Markets List. The request centers on concerns that some Anbernic handheld gaming devices are sold with memory cards containing unauthorized copies of copyrighted video games.
ESA Targets Anbernic Over Retro Gaming Devices
For years, Chinese manufacturers have built a strong presence in the handheld gaming market by offering affordable Android devices designed for retro game emulation and modern game streaming. Anbernic has become one of the recognizable names in this segment, but its products are now at the center of a copyright piracy dispute.
According to a report by TorrentFreak, the ESA submitted its request to the USTR last week, calling attention to Anbernic devices that are reportedly sold or shipped with removable memory cards preloaded with hundreds or thousands of video games without authorization from their copyright holders.
The ESA represents major video game publishers and technology companies, including Nintendo, Microsoft, PlayStation, Amazon, Epic Games, Electronic Arts, and Ubisoft. The organization argues that distributing unauthorized copies of games published by its members raises significant copyright concerns.
Preloaded Game ROMs Raise Copyright Concerns
Many online sellers offer retro gaming handhelds bundled with SD cards containing large collections of game ROMs. These files can allow users to play classic games through emulation software, but distributing copyrighted game files without permission can violate intellectual property laws.
However, there is an important distinction between third party retailers and the manufacturer itself. Anbernic does not appear to include preloaded game collections when selling directly through its official website, according to the reported information.
Despite this distinction, the ESA argues that Anbernic devices sold through conventional retail channels can make unauthorized game collections more accessible to consumers. The organization claims that combining emulation hardware with extensive libraries of copyrighted games risks making piracy appear to be a normal part of the retro gaming experience.
The ESA also connects this practice to what it describes as a superfake, a term used in its submission to refer to high quality counterfeit trademark goods distributed on a commercial scale. The precise application of this label to gaming hardware and preloaded ROM collections remains a key aspect of the dispute.
What Is the USTR Notorious Markets List?
The USTR Notorious Markets List identifies online and physical marketplaces that are reported to facilitate substantial copyright piracy or trademark counterfeiting. Its purpose is to highlight intellectual property concerns and encourage governments, businesses, and market operators to take stronger action against illegal activity.
Adding Anbernic to the list would not automatically impose new legal penalties on the company. Instead, inclusion could increase public and regulatory scrutiny, potentially affecting the company's reputation and attracting greater attention from authorities.
The USTR says the list helps raise awareness of intellectual property violations and encourages enforcement efforts that protect American businesses and workers. For companies operating in the gaming hardware market, being named could also create additional pressure to review how their products are marketed, distributed, and bundled with digital content.