ESA flags retro console maker Anbernic for inclusion on US government's Notorious Market List
The ESA has urged the USTR to include Anbernic on the Notorious Market List, alleging its retro consoles facilitate piracy and pose security risks through embedded illicit game catalogues.
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The Entertainment Software Association (ESA) has formally requested that retro console manufacturer Anbernic be added to the US government's Notorious Market List, citing concerns over piracy and consumer protection. Anbernic, a China-based company, produces handheld devices that emulate games from major platforms such as Nintendo, PlayStation, and Sega. The ESA argues that these devices normalize hardware-based piracy by offering vast, illicit game libraries through a polished retail product, shifting enforcement costs to publishers and marketplaces.
According to the ESA's filing, Anbernic's devices function similarly to 'superfakes,' allowing users to bypass lawful purchases across multiple publishers and console generations. The ESA highlights that sellers often use these illicit libraries as a primary selling point, with commercial prices reflecting the embedded catalogues. The devices are distributed through mainstream channels, including branded websites, online marketplaces, social media, and physical electronics markets, enabling piracy to scale as ordinary consumer purchases.
The ESA also warns that these devices create significant security, privacy, and financial risks for consumers, while undermining player and child-safety protections. Additionally, the association argues that such piracy distorts competition and imposes burdens on governments and rights holders. The filing emphasizes that a single device can replace multiple lawful purchases, diverting revenue from authorised games, subscriptions, and licensed retro hardware.
Alongside Anbernic, the ESA has recommended adding other piracy-enabling sources to the Notorious Market List, including cracked game sources, repackers, linking sites, torrent markets, and commercial cheat markets. The filing also targets unauthorised digital goods marketplaces, specifically naming G2A for allegedly facilitating the sale of in-game accounts and digital items despite prior claims to the contrary.