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The Entertainment Software Association (ESA) has requested that U.S. trade representatives scrutinise the handheld emulation market. The story was initially spotted by RetroHandhelds.
The ESA's suggestion was put forth to the Office of the United States Trade Representative's (USTR) "Notorious Markets" list - an annually updated report of websites, manufacturers, and individuals that commerce considers a threat to its own existence. The ESA singled out Chinese manufacturer Anbernic in particular, requesting that the developer be officially classified as "Superfake" by the USTR.
From the ESA's request to the USTR:
"In the video game sector, illicit plug-and-play consoles and handheld devices are the functional equivalent of superfakes... They can look and feel like legitimate, mass-market consumer electronics... Yet their commercial appeal rests solely on a concealed memory card or internal drive loaded with hundreds, thousands, or even tens of thousands of unauthorised copies of copyright-protected games."
"Because the product is often delivered with an immediately usable catalogue of pirated games, it removes the technical friction that once separated mainstream consumers from video game piracy."
Anbernic, which has been in operation since 2017 under owners Shenzhen YangLiMing Electronic Technology Co., Ltd., has released a wealth Android/Linux-based handhelds replicating the design and/or function of popular platforms such as the Game Boy Advance, Nintendo DS, PlayStation VITA, Nintendo 3DS and, more recently, Nintendo Switch Lite.
While the ESA's ire is directed at every aspect of the handhelds' design - from physicality to function - the focal point is the accusation that the consoles are "preloaded" with "tens of thousands" of games. Whether the illegality falls apart with the guaranteed removal of that particular aspect remains to be seen, as it's quite understandable that the ESA would appreciate the hardware going away altogether.
"On the minimal risk side, their software images, firmware, applications, and game files frequently come from opaque supply chains, may be modified without the knowledge of the original developer, and generally are not subject to the security review, update practices, vulnerability response, or code-signing controls associated with authorised platforms."
"On the high-risk side, their software could purposely include malware facilitated by organised criminal syndicates, terrorist groups, or nefarious state actors."
Should the USTR agree to the ESA's request that Anbernic be declared a "Superfake", the manufacturer may be banned from selling its products in the United States. This could, of course, lead to a slew of similar cases targeting the wide array of companies that are also a part of the handheld emulation market.
Elsewhere in the document, the ESA requests that further legislative attention be paid to other aspects it deems harmful to the industry, including torrent sites, commercial cheat markets, cracked game sources, and unauthorised digital goods sellers.