Before we get into the nitty-gritty of what makes some retro game consoles legal or not, it’s worth mentioning that the law in the area of gaming consoles and software is a highly detailed specialism. Here at What’s The Best, our aim is to give consumers a guide to excellent products before they spend their hard-earned cash. But, our experts don’t just recommend products, we also give you all the information you need to choose wisely for yourself. That said, when it comes to buyer advice, the area of retro game consoles is much less straightforward than standard next-gen consoles.
The Xbox Series X, PlayStation5 and handheld consoles like the Nintendo Switch are game consoles from established brands, making them a lot simpler for buyers to go for. If you want to play the very latest games, they’ll really only work on these market-leading devices. But, as you’ll have seen in recent years, the internet is now awash with more cheap retro gaming consoles than ever.
The good
Some of these consoles have very clear branding and promotion that shows that the product is fully licenced to emulate the hardware and software of old original gaming systems. And that goes for the retro video games provided with them, too.
Mini consoles and handhelds
Clear winners here are the likes of Blaze with the Evercade VS and a catalogue of fully-licenced retro game titles on cartridge. Even better, the same cartridges will run on its handheld model - the Evercade EXP. That really does make a cart for one of these systems one of the best gifts for any gamer.
Retro Games Ltd. is also fully behind the mini game console craze, with its TheC64 and Amiga500 Mini – both delivered with built-in licenced games and Operating Systems. The fact that these come as fully functional computers running licenced versions of their respective operating systems means you can run your own software, including copies of your – legally owned – games. Elsewhere, you can even find mini consoles from original brand names like the Sega Astrocity Mini Console or the (now rare) Nintendo Classic SNES Mini.
Retro gaming for PC fans
One of the more interesting systems for retro gamers is actually capable of running modern games too. The Valve Steam Deck. One of the reasons it’s on this list is that, as a handheld game console, it can run retro PC titles obtained from the – fully licenced – Steam store. And those games include a raft of classic retro titles - from point-and-click adventures like The Secret Of Monkey Island, Maniac Mansion and Indiana Jones And The Fate Of Atlantis, to shooters like the original DOOM and Duke Nukem 3D, plus arcade titles like Golden Axe and vintage platformers like Commander Keen.
Alternative hardware
But this isn’t just about the games. Some smaller manufacturers are excellent at making new hardware that can play original cartridges from systems like the Nintendo GameGear and SEGA MegaDrive. Handhelds that do this may well have better screens, and most come with a few extra bells and whistles that the original hardware didn’t like Save States to allow you to save your progress at any point. Some of these machines work very well, some better than others, and are quite popular with some retro gamers.
The bad (and not so bad)
You’ll have probably searched for ‘retro game console’ at some point and found hundreds of Switch, NES or GameBoy-inspired look-alikes and the like. Sometimes the hardware is a step up from the original console they’re emulating (in the case of a GameBoy, that’s not too hard to achieve); but much of the time, the screens have poor viewing angles or low brightness, and the software being used to run games from a range of systems can be flaky.
Better versions of old hardware
There are exceptions though, with some decent and well-rated retro console kit out there from Kickstarter-related companies and other trusted but small brands. Lots of retro gamers like these devices because they allow them to load their own games. And that’s fine - but strictly speaking, you’d need to own an original copy of those games to do that legally. They can also run software like RetroArch that emulates many systems, from GBA to PS1 and N64. Just don’t expect everything to run as you’d expect.
That said, actually running consoles that emulate other ones isn’t generally seen as illegal, but producing and selling a system that emulates another company’s system (without their permission) may well be. Certainly, providing those new devices with pre-installed copies of games (neither fully licenced from the rights-holders) is illegal.
The ugly
For all of its above-board manufacturing prowess, China is also a hotbed of copyright infringement regarding knock-off hardware and software. Often either totally unbranded or with names that make no sense, these cheap and flimsy devices are not a wise investment. And most of the time, that applies across the board – from brand-less rechargeable batteries to a massive but poor selection of homebrew games that are ripping off much better titles. And it’s not just China; piracy and inferior products are a worldwide phenomenon.
Beware the built-in titles
As for these super-cheap consoles that come with hundreds of built-in games – they are almost certainly unlicensed pirated copies. Often, you’ll find very few dodgy copies of genuine games like Super Mario Bros. mixed in with many more games that you’ve never heard of. A game of Anger Birds, Rural Goblin or Mike Pig anyone? Nah, us neither.
Physical game piracy
Even the latest Nintendo Switch games are falling foul of pirates who are finding ways of illegally copying them onto fake game cards, which is why it always pays to buy any physical copy of a game from a reputable supplier. Yes, sometimes, those pirated titles will run just fine - but if you’re all about being legal in your retro gaming and giving money back to the developers who created your favourite games, why not invest in a fully licenced system if you can? Especially if you still own cartridges.
Playing it safe
So, if you want to play Donkey Kong as Nintendo intended and not a look-alike called Dinkey Kang – or worse – then stick with fully licenced systems and software.
Having everything legal and above board is one thing, but finding a well-built and engineered system with excellent support is another. Plus, you’ll want great game compatibility to run your favourite titles accurately.
Maybe you’ll find a retro console that comes with all the games you want already on it - like the PlayStation Classic or SNES mini; Or choose a full-size console that supports a growing number of licenced retro games to collect on brand-new cartridges.
If you held onto your original Atari, N64, or MegaDrive carts but want new and improved hardware to enjoy them, you can – thanks to multi-cart consoles like the Hyperkin Retron 5. Or perhaps you want a console with a genuine operating system – like TheC64 – so that you can load up your own games from a USB stick.
Find the perfect retro game console
If you’re new to the retro gaming scene and just want to find the right system so you can relive the golden age of gaming, look no further. Our recommendations for the best retro game consoles and the best mini consoles give you a huge list of awesome – and, of course, totally legal – systems that will give you that retro fix you’re looking for.
Chris Duffill is a Tech Product Writer for What's The Best and Yours. His background includes writing, editorial, marketing, design, video production and photography.
He specialises in home entertainment and audiovisual tech, including speakers, amplifiers, turntables, streaming media players, and TVs. He is also one of our resident experts in computing (PCs, tablets, smartphones, smartwatches), DSLR photography and all kinds of digital cameras. He also writes about retro gaming, game consoles and various electronic gadgets. If it plugs in, lights up or makes a noise, he’ll write about it.
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