Key facts
- The ESA has asked the USTR to add Anbernic to its "Notorious Markets" list.
- Anbernic devices are allegedly shipped with preloaded unauthorized video games.
- The ESA represents major publishers including Nintendo, Microsoft, and PlayStation.
- Inclusion on the list could lead to investigations and import controls.
The Entertainment Software Association (ESA), a trade group representing major video game publishers like Nintendo, Microsoft, and PlayStation, has requested that the U.S. Trade Representative (USTR) add Chinese hardware manufacturer Anbernic to its list of “Notorious Markets.” The ESA alleges that Anbernic devices, which focus on retro emulation and game-streaming, are routinely sold with preloaded memory cards containing thousands of unauthorized copies of copyrighted video games.
While Anbernic does not appear to directly sell these ROM-laden devices from its own website, the ESA argues that their availability through "normal retail channels" normalizes hardware-based piracy by offering illicit game catalogs through polished consumer products. The ESA considers this practice to meet the threshold for a "superfake" – high-quality counterfeit trademark goods sold on a commercial scale.