From Ars Technica · · 1m 40s
ESA targets Anbernic handhelds as piracy enablers
The Entertainment Software Association asks US regulators to add Chinese hardware maker Anbernic to a list of notorious markets for facilitating copyright infringement through pre-loaded game collections.
In brief
The Entertainment Software Association asks US regulators to add Chinese hardware maker Anbernic to a list of notorious markets for facilitating copyright infringement through pre-loaded game collections. The ESA has asked the US Trade Representative to designate Anbernic a notorious market for piracy, citing devices…
ESA targets Anbernic for piracy
The Entertainment Software Association has asked the US Trade Representative to add Chinese hardware maker Anbernic to its list of notorious markets for copyright piracy and trademark counterfeiting.
Devices ship with thousands of games
Anbernic devices are routinely offered with removable memory cards preloaded with hundreds or thousands of unauthorized copies of copyright-protected video games published by ESA members including Nintendo, Microsoft, and PlayStation.
ESA calls them superfakes
The ESA argues that ROM-laden Anbernic devices sold through normal retail channels normalize hardware-based piracy by delivering illicit catalogues through a polished consumer product, meeting the threshold for a superfake.
“normalize hardware-based piracy by delivering illicit catalogues through a polished consumer product”
What notorious market status means
Being on the USTR's Notorious Market List would not bring direct legal consequences but encourages authorities to combat piracy and could presage a Section three hundred one investigation leading to legal consequences or import controls.
Piracy moved from shadows to storefronts
Third-party sellers on Amazon, eBay, TikTok and news sites now openly advertise devices with thousands of games pre-loaded, bringing illegal ROM distribution out of internet shadows into mainstream retail channels.
“thousands of games”
Retailers bear responsibility too
Major online retailers continue to ignore blatant copyright infringement on their platforms, making the ESA's focus on Anbernic hardware an odd choice when e-commerce sites could prevent wholesale advertising and sale of illegal ROMs.
The short version
The ESA has asked the US Trade Representative to designate Anbernic a notorious market for piracy, citing devices sold with thousands of unauthorized games pre-loaded on memory cards.
