ESA urges US to scrutinise Anbernic over sellers’ bundled pirated games
The Entertainment Software Association (ESA), which represents major game publishers, has asked the US Trade Representative to add Chinese handheld maker Anbernic to its Notorious Markets list. The group says the devices help normalise piracy because sellers offer them with memory cards containing unauthorised games.
Anbernic does not appear to include ROMs when selling directly through its own website; third-party sellers are the ones routinely bundling them. Listing would not itself impose legal penalties, but could increase enforcement attention and potentially precede a Section 301 investigation. The article questions why the hardware maker is being targeted when online marketplaces allow sellers to advertise and distribute the ROM-filled cards.
- ESA wants Anbernic added to the US piracy watchlist.
- Third-party sellers commonly bundle handhelds with unauthorised games.
- A listing could raise enforcement pressure but carries no direct penalty.
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The Entertainment Software Association represents major video game publishers and raises concerns about copyright infringement in the games industry. Anbernic is a Chinese company that makes handheld devices designed to play games, including older titles.
Some third-party sellers offer Anbernic devices with memory cards loaded with unauthorised copies of games. Anbernic’s own website does not appear to include those games in its direct sales, so the distinction between the maker and the sellers is relevant to the dispute.
The US Trade Representative maintains a list of markets reported to be associated with widespread copyright infringement. Being named would not itself bring legal penalties, but could draw more scrutiny and potentially lead to a separate trade investigation.
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The case for
The ESA can argue that Anbernic’s handhelds are closely associated with a retail market in which sellers routinely bundle unauthorised games, making piracy easy and commercially normal. Asking the US Trade Representative to scrutinise the company could draw attention to that ecosystem and encourage the maker to curb misuse of its devices, even though listing would not itself impose penalties.
The case against
Anbernic can be distinguished from sellers that bundle pirated games: it does not appear to include ROMs in sales through its own website, and the reported bundles come from third parties. Targeting the hardware maker may therefore be unfair or less effective than addressing the sellers and marketplaces that advertise and distribute the cards; scrutiny could also bring reputational consequences without establishing that Anbernic itself is responsible for the piracy.
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Originally published by Ars Technica as “ESA targets Anbernic emulation handhelds as “superfake” piracy enablers”.