The Entertainment Software Association (ESA) is urging the U.S. government to take action against retro handheld consoles pre-loaded with unlicensed games, labeling them "superfakes" that harm the industry. In a filing with the Office of the United States Trade Representative (USTR) on October 6, the ESA requested that these devices be added to the USTR's annual report of Notorious Markets.
The ESA argues that these "illicit plug-and-play consoles and handheld devices" function as "superfakes" because they mimic legitimate consumer electronics with features like molded housings, color displays, polished user interfaces, and retail packaging. However, their commercial appeal stems solely from containing large collections of unauthorized, copyright-protected games on concealed storage media.
Manufacturer Anbernic is highlighted as a prominent example, selling devices resembling older consoles like the 3DS and Game Boy, but loaded with thousands of games from systems spanning the NES, SNES, PlayStation 1, and Sega Genesis. The filing also targets digital marketplaces such as Eldorado, FunPay, G2A, and Voices38 for selling modded accounts and pirated games.
The ESA asserts that these devices undermine legitimate sales by substituting for lawful purchases across multiple publishers and console generations. They divert sales from authorized games, compilations, subscriptions, remasters, and licensed retro hardware. By offering an immediately playable library of pirated games, these consoles remove the technical barriers that previously deterred mainstream consumers from engaging in piracy.
To address this issue, the ESA has proposed seven steps for the USTR to consider:
- Treating preloaded unauthorized game libraries as evidence of commercial-scale piracy.
- Inspecting bundled and separately shipped storage media.
- Requiring sellers to prove authorization for included games and protected branding.
- Suspending repeat sellers and linked storefronts.
- Preserving seller, payment, shipment, and advertising records for enforcement purposes.
- Improving customs targeting for devices and components associated with preloading operations.
- Coordinating action against manufacturers, exporters, importers, fulfillment providers, and online marketplaces that knowingly facilitate these products.