Entertainment Software Association seeks US action against retro console piracy

The Entertainment Software Association (ESA), representing major industry players such as Nintendo, Microsoft, and PlayStation, has requested that the United States investigate Anbernic, a manufacturer of retro gaming consoles. The association is seeking to have the company included on the U.S. Trade Representative’s (USTR) list of notorious markets for facilitating copyright piracy and trademark counterfeiting.

The ESA argues that these handheld devices are routinely sold with memory cards containing hundreds or thousands of unauthorized copies of protected video games. While Anbernic may not preload these games directly through its official website, numerous distributors and resellers fill the devices with illegal ROMs. The ESA describes this practice as “superfake” counterfeiting, where high-quality products are used to normalize hardware-based piracy.

The request coincides with the USTR’s annual review, which is focusing on high-quality counterfeit goods this year. While being placed on the notorious markets list does not trigger direct legal sanctions, the USTR notes it serves to encourage authorities to intensify anti-piracy efforts. This move could potentially lead to a Section 301 investigation, which may result in trade restrictions.