Abstract:
The Entertainment Software Association (ESA) has submitted opinions to the Office of the United States Trade Representative (USTR), recommending that Anbernic.com, the official website of Chinese retro gaming handheld brand Anbernic, be included in the annual "notorious market" review list. According to the ESA, some Anbernic handheld consoles come with memory cards loaded with hundreds or even thousands of unauthorized games that buyers can turn on and play without purchasing the games; the association therefore calls such plug-and-play devices the functional equivalent of "super-counterfeiters" in the video game industry.
The "super counterfeit" here is the characterization of ESA in its policy opinions, not a legal determination made by the U.S. government.
ESA stated in the submission that Anbernic has been in business for about nine years and launches about 8 to 10 new models every year, usually priced between US$40 and US$200. Its official website had approximately 1.4 million visits in August 2026. The association also cited a 2024 seizure by the Italian Financial Police, which said more than 47 million copies of pirated games were found on about 12,000 Anbernic devices. However, Reuters reported at the time that the seized items were counterfeit retro game consoles from China and did not name Anbernic; therefore, the correspondence between the brand and the seized equipment has not been independently confirmed in public law enforcement reports.
There are also important distinctions in the ESA's accusation of "pirated games coming with devices." ESA said that Anbernic devices are often sold with memory cards with pre-installed games; however, Ars Technica pointed out that products sold directly from Anbernic’s official website do not seem to come with such ROM cards, and pre-installed pirated games are more common from third-party sellers and e-commerce platforms. In other words, the dispute is not only about the emulator function of the handheld console itself, but also about whether the dealer bundles memory cards containing copyrighted games with the hardware, and the brand's responsibility for controlling third-party channels.
ESA also stated that related devices may have firmware defects, privacy and security risks, and called on regulators to inspect the accompanying storage media, require sellers to prove game authorization, and take measures against sellers and associated stores that have repeatedly violated regulations. At the same time, transaction, payment, transportation and advertising records should be preserved, customs screening should be strengthened, and all links of the supply chain should be coordinated to crack down. The association also requested USTR to list the anonymous Denuvo cracker or group "Voices38" as a notorious market because after cracking the copyright protection of the game, the relevant files may be disseminated by downstream websites.
Currently, USTR is still reviewing the 2026 "Notorious Markets" list. ESA's application is just an opinion submitted by an industry association and does not mean that Anbernic has been included on the list or faces a U.S. ban. The U.S. Federal Register clearly states that the list is used to identify markets that have been reported to engage in or facilitate large-scale piracy and counterfeiting. It does not mean that the government has determined that they are illegal; inclusion in the list alone will not automatically trigger sanctions or import bans.
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