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[BUSINESS] · United States · 2 sources

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Anbernic faces ESA push for ‘Notorious Markets’ designation

The Entertainment Software Association (ESA) has filed a request with the Office of the United States Trade Representative (USTR) to include Anbernic on the ‘Notorious Markets’ list. The ESA alleges that Anbernic-based handheld devices, which utilize Android or Linux to run emulators, are part of a hardware-driven piracy ecosystem.

According to the ESA, these devices are frequently sold through regular retail channels with pre-installed or included ROMs containing unauthorized copies of copyrighted games. The association argues that this practice facilitates large-scale copyright infringement and trademark counterfeiting. Being added to the ‘Notorious Markets’ list could trigger a Section 301 investigation, potentially leading to import restrictions or other legal consequences.

While the hardware itself is not illegal, the conflict centers on the distribution of unauthorized software via memory cards and pre-loaded libraries. The ESA represents major publishers and platform holders, including Nintendo and Microsoft, in its efforts to combat what it describes as ‘polished piracy’ reaching end consumers.

Entities

Anbernic · Entertainment Software Association · Office of the United States Trade Representative