The Entertainment Software Association, the US trade group whose members include Nintendo, Microsoft, PlayStation, Epic, EA and Ubisoft, has asked the Office of the US Trade Representative (USTR) to add Anbernic to its Notorious Markets list. That list covers markets that "engage in or facilitate substantial copyright piracy or trademark counterfeiting." Ars Technica says the request went in the week before its October 13 report, and TorrentFreak was among the first to spot it.
The complaint is about how these handhelds get sold. It says Anbernic devices "are routinely offered or shipped" with memory cards preloaded with hundreds or thousands of unauthorized copies of its members' games, and argues that ROM-loaded devices in normal retail channels help normalize hardware-based piracy. It wants that treated as a "superfake," a label for high-quality counterfeit goods sold on a commercial scale.
Ars Technica points out that third-party sellers are the ones routinely bundling those cards, and that Anbernic itself doesn't appear to include them when selling from its own website.
For buyers, nothing changes right now. This is a request, and the USTR hasn't made a decision. Time Extension notes the Notorious Markets list is updated every year. Even if Anbernic is added, Ars says being on the list brings no additional direct legal consequences. It's meant to raise awareness and push enforcement, but it could also come before a Section 301 investigation, which could lead to legal consequences or import restrictions on the devices.
The timing is notable, since Anbernic just opened preorders for its RG DDS dual-screen handheld.
My take: from what's been reported, the ESA's issue is the game-loaded memory cards, not emulation handhelds on their own. If you're shopping for an Anbernic or any other retro handheld, I'd skip listings that advertise thousands of built-in games.