ESA targets Anbernic emulation handhelds for copyright piracy, seeks USTR 'Notorious Markets' listing

ESA Targets Anbernic for Piracy

The Entertainment Software Association (ESA), a trade group representing major game publishers, has asked the US Trade Representative (USTR) to include Anbernic, a Chinese hardware manufacturer, on its "Notorious Markets" list. This list identifies entities that facilitate substantial copyright piracy or trademark counterfeiting.

Allegations of Preloaded Games

The ESA's request, first noted by TorrentFreak, states that Anbernic devices 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." While Anbernic's direct sales website may not include these ROMs, the ESA argues that devices sold through "normal retail channels" often do.

Defining 'Superfakes' and Normalizing Piracy

The ESA characterizes these ROM-laden Anbernic devices as "superfakes," a designation for "high-quality counterfeit trademark goods" sold on a commercial scale. The organization contends that this practice helps to "normalize hardware-based piracy by delivering illicit catalogues through a polished consumer product."

Implications of USTR Listing

Inclusion on the USTR's Notorious Market List does not immediately result in direct legal penalties for companies like Anbernic. However, the USTR uses the list to encourage authorities to combat piracy and counterfeiting, increase public awareness, and prioritize intellectual property enforcement. A listing could also precede a Section 301 investigation, which might lead to legal actions or import restrictions on the devices.