Retro Handhelds Loaded With Unlicensed Games Could Face Government Crackdown

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The Electronic Software Association (ESA) has a serious bone to pick with retro handhelds that are packaged with tons of unlicensed pre-installed, calling these devices “superfakes” that should face some sort of suppression by the US government.

According to an October 6 filing with the Office of the United States Trade Representative (USTR)–which monitors marketplaces that are accused of engaging in or enabling piracy and counterfeiting–the ESA is urging the government to clamp down on what it calls “illicit plug-and-play consoles and handheld devices.” The ESA wants the USTR to add these emulation devices to the Notorious Markets List, the agency’s annual report identifying which markets are participating in such behavior, thereby barring or slowing their profits.

“In the video game sector, illicit plug-and-play consoles and handheld devices are the functional equivalent
of superfakes,” the ESA told the USTR. “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.”

The ESA puts a specific spotlight on