Anbernic Pull Controversial Firmware Update For Handheld Devices

The 1.0.6 update for Anbernic’s XX series of handheld devices came with an app called RixelHK, allowing users to find and download game ROMs, inviting questions of piracy and legality.

ROMs are game files that can be loaded, and played, on an emulator. Anbernic devices, like those by similar companies such as Retroid and Miyoo, are expressly designed to handle emulation.

“Isn’t this really, really illegal?” said HyperPlay RPG in a review of the XX update and the inclusion of RixelHK, on its YouTube channel. “And yes, you might think it is.” HyperPlay RPG also added, “A brave new world of murky legalities.”

Anbernic Sail Into Murky Waters

Where Anbernic have courted controversy is by removing player choice from the equation, in terms of where and how they can access ROMs. Although it’s true that it’s still up to a user to actively search for and download a game, the consensus is that the company is encouraging game piracy by providing players with the means to do this right out of the box.

For players who aren’t entirely sure what they should do, the safest course of action is to not download something in the first place.

ROMs And Legality

While emulators aren’t illegal, there isn’t a specific law about ROM use in the US. Instead, it’s widely accepted that ROMs are okay for game preservation, or if a player has a ROM of a game they already own. These factors are often referred to as fair use, and are seen in other industries such as when musicians sample a song by another artist.

Not all game companies share this view, though. Nintendo, for example, has made it clear that it considers any and all ROMs of its games to be illegal.

“Downloading ROMs from direct download sites, linking sites or other illegal sources, even when you own a copy of the video game, is not allowable under the Copyright Act,” Nintendo said on its official site, regarding piracy and intellectual property.