Emulation handhelds have exploded in popularity over the past few years. But despite their growing mainstream appeal, they still exist in a legal and ethical gray area when it comes to piracy. While emulators themselves are perfectly legal, many devices come bundled with microSD cards crammed full of sketchy pre-loaded ROMs.
Recently, this practice landed an Italian YouTuber in serious legal trouble. Authorities threatened them with steep fines and up to three years in prison for “promoting piracy.” While that case involves several moving parts, such as YouTube, customs inspections, and outdated Italian copyright laws, it raises an important question for everyday gamers: What does this mean for you, the casual retro enthusiast just trying to relive some childhood favorites?
As someone who has reviewed these devices extensively, I get the appeal. A handheld packed with thousands of games sounds convenient. But there are several reasons I strongly advise against buying one, so let’s start with the most obvious.
Like it or not, it’s illegal
Oliver Cragg / Android Authority
Many retro gamers like to argue that pirating ROMs is a victimless crime. After all, the games are out of print, the original developers might not even exist anymore, and nobody’s making money from them — right?
Unfortunately, the law doesn’t see it that way. No matter how old or obscure the title, downloading or sharing pirated games is illegal. It doesn’t matter if the game hasn’t been sold commercially in decades or if you’re just trying to revisit your childhood. Copyright law still applies.
Of course, you could argue that these laws should be changed. Most copyright laws are wildly out of touch with the modern digital economy, and game preservation efforts (particularly in Europe) have begun to gain steam.
Handhelds that ship with pre-loaded ROMs are skating on thin legal ice.
Regardless, you should know that any third-party device that ships with games is probably skating on thin legal ice. There are exceptions, like the Nintendo Classic Mini or Evercade’s new Super Pocket NEOGEO handheld, but when it comes to cheaper handhelds from ANBERNIC, TrimUI, PowKiddy, or others, there’s no legal gray area. If they ship with games, they’re almost certainly breaking the law.
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