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Retro gaming handheld maker Anbernic is drawing attention from the Entertainment Software Association (ESA), which recently recommended adding the company to the US government’s “Notorious Markets” list.
In a filing to the United States Trade Representative (USTR), the ESA classified Anbernic as a “superfake” seller. The trade group’s issue isn’t with the emulation hardware itself. Instead, the ESA is targeting Anbernic’s practice of selling devices bundled with microSD cards full of unauthorized game ROMs. Because these pre-loaded cards include copyrighted titles from publishers like Nintendo, Sony, and Microsoft, the ESA argues the bundles directly infringe on its members’ intellectual property.
If the USTR follows the ESA’s recommendation, Anbernic could face regulatory hurdles in the US market. This might result in a halt on US sales through platforms like Amazon and eBay, or simply a requirement to stop selling devices with pre-loaded memory cards. The timing is notable, as Anbernic is currently preparing to release new devices like the RG DDS.
At this stage, the ESA’s filing is just a recommendation. The USTR has yet to finalize its annual list, so Anbernic’s hardware remains available for now.
Still, the situation points to a standard compliance issue in the retro handheld space. While selling emulation hardware is legal, distributing copyrighted software is not. To avoid future US trade friction, Anbernic and similar manufacturers may simply need to shift to selling their devices without any included games.
In related news, Ayaneo has recently launched the Konkr Pocket Block retro gaming handheld, featuring a 4:3 display and Android 12.
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