•The Electronic Software Association (ESA) has urged the U.S. government to take action against retro handheld consoles bundled with unlicensed games, branding these devices “superfakes” that it wants suppressed.
According to an October 6 filing with the Office of the United States Trade Representative (USTR)—the agency that monitors marketplaces accused of engaging in or enabling piracy and counterfeiting—the ESA is calling for a crackdown on what it describes as “illicit plug-and-play consoles and handheld devices.” The trade group wants the USTR to add these emulation devices to its Notorious Markets List, an annual report identifying markets involved in such practices.
In the video game sector, illicit plug-and-play consoles and handheld devices are the functional equivalent of superfakes. They can look and feel like legitimate, mass-market consumer electronics: molded housings, color displays, polished user interfaces, retail packaging, product reviews, warranty-like representations, and listings on familiar e-commerce platforms. Yet their commercial appeal rests solely on a concealed memory card or internal drive loaded with hundreds, thousands, or even tens of thousands of unauthorized copies of copyright-protected games.
Electronic Software Association, filing to the USTR
The ESA singled out Anbernic, a console manufacturer that sells 3DS- and Game Boy-style devices packed with thousands of games spanning systems like the NES, SNES, PlayStation 1, and Sega Genesis. Though perhaps the most prominent example, similar products include rapper Soulja Boy’s various console attempts.
The filing also targets digital marketplaces it says distribute or sell modded accounts and pirated games, naming Eldorado, FunPay, G2A, and Voices38. In essence, the ESA is seeking restitution for harm it argues these “superfake” retro consoles inflict on the gaming industry as a whole.
“A single device can substitute for lawful purchases across multiple video game publishers and console generations, diverting sales from authorized games, compilations, subscriptions, remasters, and licensed retro hardware,” the ESA wrote. “Because the product is often delivered with an immediately usable catalogue of pirated games, it removes the technical friction that once separated mainstream consumers from video game piracy. Sellers commonly use the illicit library as a key selling point, and the commercial price often reflects this.”
To achieve that restitution or regulation, the ESA “respectfully requesting” that the USTR implement seven steps so governments where these superfakes operate can hold their businesses accountable:
Treat preloaded unauthorised game libraries as core evidence of commercial-scale piracy.
Inspect bundled and separately shipped storage media.
Require sellers to substantiate authorisation for included games and protected branding.
Suspend repeat sellers and linked storefronts, not merely individual listings.
Preserve seller, payment, shipment, and advertising records for enforcement.
Improve customs targeting for devices and components associated with preloading operations.
Coordinate action against manufacturers, exporters, importers, fulfilment providers, and online marketplaces that knowingly facilitate these products.
an October 6 filing
Anbernic
rapper Soulja Boy’s
console attempts
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