ESA Asks U.S. Trade Representative to Add Anbernic to “Notorious Markets” List

Anbernic, the Chinese hardware maker known for Android handhelds focused on retro emulation and modern game streaming, is facing scrutiny from a major video game industry trade group.

The Entertainment Software Association (ESA) has asked the Office of the United States Trade Representative (USTR) to add Anbernic to its Notorious Markets List, which identifies markets that “involve or facilitate serious copyright infringement or trademark counterfeiting.”

ESA Accuses Anbernic Devices of Enabling Game Piracy

TorrentFreak was among the first outlets to report on the ESA’s request, which was filed with the USTR last week.

The ESA represents companies including Nintendo, Microsoft, PlayStation, Amazon, Epic, EA, and Ubisoft, among others. In its filing, the organization claims that Anbernic devices are “regularly supplied or shipped with removable memory cards preloaded with hundreds or thousands of unauthorized copies of copyrighted video games published by ESA members.”

Many online sellers bundle emulation hardware with SD cards containing ROM files. However, based on available reports, Anbernic does not appear to provide those preloaded cards when customers purchase directly from the company’s website.

Regardless, the ESA argues that ROM-loaded Anbernic devices sold through “normal retail channels” help “normalize hardware-based piracy by distributing an illegal catalog through sophisticated consumer products.” The organization says this could meet the criteria for a “superfake,” a term it uses for “high-quality counterfeit trademarked goods on a commercial scale.”

What Inclusion on the USTR List Could Mean

Being added to the USTR’s Notorious Markets List would not create immediate, direct legal consequences for Anbernic. However, the USTR says the list encourages authorities to intensify efforts against piracy and counterfeit goods.

The agency also says the list helps “raise public awareness” and enables governments and market operators to prioritize intellectual property enforcement efforts that protect U.S. companies and their workers.

Inclusion could nevertheless signal increased scrutiny of Anbernic and its retail channels. It could also precede further action, including a potential Section 301 investigation or import-related restrictions affecting the company’s devices.