ESA Targets Anbernic Devices as "Super Pirate" Piracy Enablers

But third-party sellers, not Anbernic, are typically the ones selling SD cards loaded with ROMs.

ESA targets Anbernic simulators as 'ultra-cardiac' piracy enablers

But third-party sellers, not Anbernic, are the ones that typically sell SD cards loaded with ROMs.

Just some of the many emulation-focused devices the ESA notes "typically come with hundreds or thousands of unauthorized copies of copyright-protected video games."

For years, Chinese hardware manufacturers have carved out a niche in the market with a range of handheld Android gaming devices focused on retro emulation and/or more modern game streaming capabilities. Now, however, a major gaming industry trade group is targeting one of those manufacturers, Anbernic, and is asking the US Trade Representative (USTR) to add the company to its list of "notorious marketplaces" that "engage in or facilitate copyright theft or trademark counterfeiting."

TorrentFreak was among the first to notice the Entertainment Software Association's (ESA) filing with the USTR last week. In it, the US trade group — which represents major publishers including Nintendo, Microsoft, PlayStation, Amazon, Epic, EA, Ubisoft and others — notes that Anbernic devices "typically come with or ship with removable memory cards that have been released with hundreds or thousands of unauthorized copies of ESA-protected video games."

While many online sellers include an SD card full of ROM alongside emulation hardware of all kinds, Anbernic itself does not appear to do so. Selling directly from its website Regardless, ESA argues that these ROM-laden Anbernic devices sold through "normal retail channels" are "normalizing hardware-based piracy by offering illegal catalogs through a product. polished consumer" help. The ESA says this verges on a "super counterfeit," an unspecified designation that applies to "high-quality counterfeit trademark goods ... on a commercial scale."

Being on the USTR's notorious market list would not have any other direct legal consequences for a company like Anbernic. However, the USTR says the list "encourages authorities to increase efforts to combat piracy and counterfeiting," noting that the list itself "raises public awareness and helps market operators and governments prioritize intellectual property enforcement efforts that protect American businesses and their workers." Inclusion on the list can also be predictive of a Section 301 review, which could lead to legal consequences or restrictive import controls on the devices.

ESA's recall of Anbernic to the USTR marks the breaking of a polite story that has long plagued the distribution of simulators and simulation-focused hardware in the United States. In the not too distant past, software and hardware distributors who wanted to appear legitimate would try to pass off perfectly legal emulators while completely denying any knowledge of what kind of copyrighted ROMs they could legitimately put at risk. (Instead of running legitimate home games or backing up your cartridges), well, it's nobody else's business.

These days, however, it's trivial to find third-party sellers on Amazon, eBay sellers, annoying TikTok advertisers, or even reputable news sites boldly touting and selling devices that include "thousands of games" from the past, ready to play the moment you turn them on. To customers who haven't even heard of BitTorrent trackers or warez sites, these vendors have taken illegal ROM distribution out of the shadows of the internet and made it a core part of their business.

As major online retailers continue to ignore this blatant copyright infringement on their platforms, it's no wonder the ESA felt the need to take action. But it's an odd choice to focus on Anbernic, which only makes the hardware that powers these emulators, when these focused e-commerce sites can do a much better job of preventing wholesale advertising, selling, and distribution of pirated ROMs directly to consumers.

Kyle Orland has been the senior gaming editor at Ars Technica since 2012, writing primarily about the business, technology, and culture behind video games. He holds degrees in journalism and computer science from the University of Maryland. He once wrote an entire book about Minesweeper.