If an end user receives one of these handheld machines and loads it up themselves then the choice of sourcing ROMs is entirely on them. They could use their own SNES cart rips and Playstation disk images and it would conceptually be no different than loading MP3s from CDs onto an iPod. Or they could make the conscious choice to pirate. And that I have no problem with. We have agency and can make our own choices.

But it's pretty sketchy to be selling ROMs for money. And you'll find them baked into the system images published by the vendors (which is why some firmware updates are 50+ GiB, ridiculous). I think it's a bad practice but doesn't seem to be changing.