Retro gaming handhelds in crisis as US government considers clampdown – could be labelled as "superfakes" and banned
Anbernic named among companies being investigated
Quick Summary
Anbernic is in danger of being included on the US government's notorious markets list for propagating piracy.
This could lead to a wider investigation into retro gaming handhelds and, specifically, the thousands of games that come bundled with them.
The sale of retro gaming handhelds in the US could be impacted by a filing sent to the Office of the United States Trade Representative. This could result in bans, restrictions and the removal of included games.
Each year, the USTR takes nominations for companies and entities to be added to the US government's "notorious markets" list. This includes sites renowned for piracy and trademark counterfeiting.
While the list doesn't effectively ban products or trading as such, it can be used as evidence to block URLs at an ISP level, or barriers to the import or sale of items from listed firms.
This year's list could include Anbernic and other sites that sell retro gaming handhelds, after it they were nominated for inclusion by the Electronic Software Association (ESA).
According to TorrentFreak. the ESA has highlighted handhelds that come preloaded with thousands of unlicensed games (or bundled microSD cards). It's not the hardware that's an issue per se, even though they contain emulators that enable the play of pirated content, but the act of including the games.
Anbernic makes a wide array of retro gaming handhelds in all shapes and sizes, many of which are great for emulation. However, it also offers bundles including microSD cards containing many gigabytes of games.
If accepted onto the list it opens a large can of worms for the retro gaming market. You only need to scan through the handhelds on Amazon, either in the US or UK, to see how many offer 20,000+ preloaded games. The legality of them is highly dubious.
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And while the notorious markets list is a US endeavour, there's every likelihood other regions will consider their own stance on the matter.
Personally, I have my own truncated rom selection that I use with my handhelds, favouring to buy the hardware without included games. However, the appeal of a Game Boy style device with almost every game from the 8-bit, 16-bit and up to original PlayStation eras has proved extremely attractive over the years.
In addition, Anbernic has already withdrawn from shipping directly to the US, in response to Trump's import tariffs, so we might not see much change there.
Still, with the ongoing RAM and components crisis that's grossly inflating prices, it seems that the retro gaming community is facing yet another threat right now.
Maybe it's time to buy an Evercade Nexus (which is out later this month) and play the fully licensed cartridges in the range. It'll make life much more simple.
Rik is T3’s news editor, which means he looks after the news team and the up-to-the-minute coverage of all the hottest gadgets and products you’ll definitely want to read about. And, with more than 35 years of experience in tech and entertainment journalism, including editing and writing for numerous websites, magazines, and newspapers, he’s always got an eye on the next big thing.
Rik also has extensive knowledge of AV, TV streaming and smart home kit, plus just about everything to do with games since the late 80s. Prior to T3, he spent 13 years at Pocket-lint heading up its news team, and was a TV producer and presenter on such shows as Channel 4's GamesMaster, plus Sky's Games World, Game Over, and Virtual World of Sport.
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