In a recent development, the Entertainment Software Association (ESA) has suggested that Anbernic, a retro console manufacturer, should be included in the US government’s Notorious Market List.
The Notorious Market List, as outlined in an annual report by the Office of the United States Trade Representative (USTR), identifies markets both online and physical that are involved in substantial trademark counterfeiting or copyright piracy.
Anbernic, a Chinese-based company, produces handheld devices that replicate retro gaming systems from major platform holders like Nintendo, PlayStation, and Sega. Following the imposition of tariffs last year, Anbernic halted shipments to the US.
As per the filing (referenced from VGC), the ESA alleges that Anbernic promotes hardware-based piracy by providing unauthorized game collections through their consumer products. This practice shifts monitoring and remediation responsibilities to publishers and marketplaces.
The ESA points out that Anbernic devices often come with removable memory cards preloaded with numerous unlicensed copies of video games belonging to ESA members. These copies allow immediate gameplay without proper authorization, indicating the circumvention of technological protection measures.
The ESA categorizes these illicit plug-and-play consoles and handheld devices as “superfakes,” capable of replacing legitimate purchases across various publishers and console generations, diverting sales from authorized products.
Furthermore, the ESA emphasizes that these devices pose security, privacy, and financial risks, bypass essential player protections, and distort competition while burdening governments and rights holders.
In addition to piracy devices, the ESA recommends the inclusion of various other entities like cracked game sources, unlicensed digital goods marketplaces, and commercial cheat markets in the Notorious Markets List.
G2A, a commercial marketplace, is specifically mentioned in the “unauthorized digital goods marketplaces” category for facilitating account and digital item sales on a large scale, contrary to its previous claims.
To combat these challenges, the ESA proposes seven steps for governments and market operators, including treating unauthorized game libraries as evidence of piracy, inspecting storage media, and suspending repeat offenders and associated storefronts.
The ESA’s recommendations also involve requiring sellers to validate authorization for included content, preserving records for enforcement, enhancing customs targeting, and coordinating actions against parties knowingly involved in facilitating these illicit products.