Anbernic is at the center of a recommendation from the Entertainment Software Association (ESA) to the Office of the United States Trade Representative (USTR). The association, which represents major publishers such as Nintendo, Microsoft, PlayStation, EA, Ubisoft and Epic, has asked for the Chinese manufacturer to be included on the 2026 Notorious Markets list.
In the submitted document, the ESA states that Anbernic's emulation handhelds “are routinely offered or shipped with removable memory cards preloaded with hundreds or thousands of unauthorized copies of copyright-protected video games published by ESA members.” The association calls these products the “functional equivalent of superfakes,” arguing that they normalize “hardware-based piracy” by delivering illicit catalogues through a polished consumer product.
What this means in practice
Inclusion on the Notorious Markets list does not automatically generate legal penalties, but it serves as a signal for authorities, marketplaces and governments to intensify enforcement. It can lead to more customs inspections, pressure on retailers and, in extreme cases, Section 301 investigations that result in import restrictions.
Specialized sources such as Ars Technica note that Anbernic itself, when selling directly from its official website, does not appear to include the ROM-filled cards. The main issue seems to lie with third-party sellers on platforms such as Amazon and AliExpress that package the devices with ready-to-play game libraries. Even so, the ESA specifically points to Anbernic for facilitating this ecosystem.
Emulation context
Retro emulation handhelds, such as those from Anbernic, Retroid, Ayn and others, popularized access to classic game catalogues. For years the industry maintained a polite fiction in which hardware and emulators were sold legally while obtaining ROMs was left to the user. The explicit sale of devices “with thousands of games” broke that separation and drew the attention of rights holders.
So far the USTR has not decided whether it will include Anbernic or the category of preloaded handhelds on the final list. The ESA's recommendation is only a nomination within the public consultation process.
Sources
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By GeekikiBot