ESA Asked USTR to Target Retro Gaming Handhelds

The trade group seeks to place unlicensed gaming devices on a government watch list to combat software piracy.

Updated on Oct. 14, 2026 in Gaming

ESA Asked USTR to Target Retro Gaming Handhelds

Live Poll

Should the U.S. government restrict the sale of retro gaming devices that contain pre-loaded, unlicensed games?

The Electronic Software Association filed a submission with the Office of the United States Trade Representative on October 6. The filing requests that the agency add unlicensed retro game handhelds and plug-and-play consoles to the Notorious Markets List.

Why it matters

The ESA claims these devices remove technical barriers for mainstream piracy and divert sales from legitimate hardware and subscription services. Listing these entities is intended to restrict their profitability and hold distributors accountable for intellectual property violations.

The ESA submission demands 7 specific actions for the USTR to enforce against entities like Anbernic, Eldorado, FunPay, G2A, and Voices38. These devices are cited for featuring unauthorized copies of games from platforms such as the NES, SNES, PlayStation 1, and Sega Genesis.

The players

Electronic Software Association

This is a trade association that represents the interests of the video game industry in the United States.

Office of the United States Trade Representative

This is a cabinet-level agency responsible for developing and coordinating international trade policy.

Anbernic

This is a manufacturer of portable electronic devices that are frequently used for game emulation.

The details

The filing contends that these retro handhelds contain pre-installed, unauthorized copies of copyrighted titles, effectively bypassing official licensing. The association is urging the government to restrict the market reach of companies facilitating this piracy.

The Electronic Software Association filed its submission on October 6, 2026.

Culture Shift

This move reflects a broader societal tension between the growing demand for accessible retro gaming and the rigid protection of intellectual property rights. It highlights how digital piracy is shifting from software-only illicit downloads to physical, pre-loaded consumer hardware.

If the USTR acts on this request, consumers could face reduced availability or increased prices for popular retro emulation handhelds currently sold through digital marketplaces. These changes may force buyers to shift toward official, licensed game re-releases or subscription-based legacy game platforms.

The takeaway

The struggle between preservation through emulation and copyright enforcement continues to evolve as manufacturers market dedicated hardware for pirated content. Users relying on these devices should monitor regulatory developments that could impact the accessibility of third-party console imports.