ESA asks US trade office to target retro handhelds preloaded with unlicensed games

The ESA has asked the US government to act against retro handhelds and plug-and-play consoles that ship with large libraries of unlicensed games, according to GameSpot. The video game industry group calls the devices “superfakes” in an October 6 filing with the Office of the United States Trade Representative (USTR).

GameSpot reports that the ESA wants the USTR to include these emulation devices in its Notorious Markets List. The annual report names markets accused of engaging in or enabling piracy and counterfeiting.

In the filing, the ESA argues that the devices look like ordinary consumer electronics, with polished interfaces, retail packaging and listings on well-known e-commerce sites. According to the group, they sell because of a hidden memory card or internal drive that can hold anywhere from hundreds to tens of thousands of unauthorized copies of games.

The filing singles out Anbernic by name. GameSpot describes the company as a manufacturer of devices styled after the 3DS and Game Boy that come loaded with thousands of games from systems ranging from the NES and SNES to the PlayStation 1 and Sega Genesis. The ESA also names digital marketplaces it says sell modded accounts and pirated games, including Eldorado, FunPay, G2A and Voices38.

The ESA says one of these devices can replace legitimate purchases across several publishers and console generations. In its view, they take sales from authorized games, compilations, subscriptions, remasters and licensed retro hardware. The group also writes that because the devices work out of the box, they remove the “technical friction” that once kept mainstream consumers away from piracy.

The ESA lists seven steps it wants the USTR to push for in the countries where these sellers operate:

• Treating preloaded unauthorized game libraries as core evidence of commercial-scale piracy
• Inspecting storage media, whether bundled with a device or shipped separately
• Requiring sellers to prove they are authorized to include the games and protected branding
• Suspending repeat sellers and their linked storefronts, not just individual listings
• Preserving seller, payment, shipping and advertising records for enforcement
• Improving customs targeting of devices and components tied to preloading
• Coordinating action against manufacturers, exporters, importers, fulfillment providers and online marketplaces that knowingly facilitate these products

GameSpot’s report does not say whether the USTR has responded or when it will decide on this year’s list.