The Entertainment Software Association, the US video games trade group, has reportedly asked the US government to add “plug and play” emulation handhelds to the Notorious Markets List. That's a collection of marketplaces, sites, and sellers accused of selling counterfeit goods or engaging in piracy, and while there are plenty of bad egg gadgets out there, the ESA could open an accusatory can of worms.
In a document highlighted by VGC, the ESA specifically mentions retro handhelds that come with thousands of games pre-loaded on a microSD card. “In the video game sector, illicit plug-and-play consoles and handheld devices are the functional equivalent of superfakes,” claims the ESA. While you could assume the body is talking specifically about the cheapest plug-and-play gadgets out there with certain Italian plumbers plastered over their boxes, its statement risks targeting legit devices.
The ESA goes on to highlight that "some products also use protected game titles, screenshots, characters, logos, or other source-identifying material in listings, packaging, interfaces, or promotional content without authorization.” The association then proclaims that “the result is not merely a low-quality electric device sold from the margins of commerce. It is a turnkey piracy product that presents visually and commercially to consumers as legitimate devices.”
If you're familiar with how the emulation handheld market works, you'll know why this statement worries me. Rather than specifically highlighting the cheapest game sticks and no-name handhelds, its description extends to legitimate gadgets by established names in the space, like Anbernic, Retroid, Ayaneo, and Ayn, which are often caught up in the same net thanks to dubious sellers bundling handhelds with ROMs.
The part the ESA is perhaps not grasping is the fact that handhelds that are similar in shape and size to the Nintendo Switch aren't inherently illegitimate. And yet, in its statement, the group says, “The high degree of apparent legitimacy magnifies the economic harm. A single device can substitute for lawful purchases across multiple video game publishers and console generations, divert sales from authorized games, compilations, subscriptions, remasters, and licensed retro hardware.”
The last part of the statement emphasises the whole issue with the ESA's current mindset. If you try and suggest that by providing an easy way to emulate that you're causing harm, then that technically extends to mainstream branded gadgets like the Steam Deck OLED or your smartphone. However, it can target the real bad actors if it sticks to the parts that highlight the inclusion of pirated games as the systemic problem.
هەفتانە هەرسکردنەکان، چیرۆکەکانی ئەو کۆمەڵگایانەی کە خۆشت دەوێن و زۆر شتی تر
“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," explains the ESA. Sellers commonly use the illicit library as a key selling point, and the commercial price often reflects this.”
سەرچاوەی فەرمی بە زمانی ئینگلیزی: https://www.gamesradar.com/hardware/handhelds/the-functional-equivalent-of-superfakes-the-esa-wants-retro-handhelds-loaded-with-roms-to-be-on-the-notorious-markets-naughty-list-but-i-need-it-to-target-the-real-bad-eggs
