devices to the network. In 1992 and again in 1996, Congress passed laws to ensure the commercial availability of third-party cable devices,107 and the FCC has sought to implement Congress' directive, if somewhat unevenly, sometimes half-heartedly, and often incompetently.108As a result, the set-top box is not subject to competition or innovation (many boxes consist of very old technology109), and cable operators rent boxes to users at very high monthly prices. As a Wired author noted, "The set-top box vpn has proven to be a closed and well-guarded fortress against a world of clouds and openness," and the incumbents "work strenuously to keep it that way."110The FCC admits its policies have failed. In late 2009, the FCC concluded that "set-top box competition has not emerged, limiting innovation."111 In 2008, there were only 14 set-top boxes on the market, including those leased by cable TV distributors; by contrast, there are 900 mobile phone and handheld devices on the market.112 The Consumer Electronics Association, which represents thousands of companies, has fought for years to open up the set-top box market. As their vice president recently concluded, "It's been a long slog. … Cable operators have been loath to give up control."113Device-makers can, however, attach boxes to the Internet connection through, for example, an ethernet jack.114 This has resulted in devices like Apple TV, Roku, Vudu and Boxee's announced device — as well as the ability to connect televisions, gaming consoles, computers and BluRay players. But in a move that drastically reduces the consumer-friendliness of these boxes, the cable industry forbids outside boxes from integrating cable TV offerings within the same interface used for navigating online TV.115 For example, Boxee's popularity rests on it being a user-friendly interface that displays, in one place, TV content from users' hard drives and multiple sites across the Internet.116 As a result of this restriction, users cannot easily "change channels" among online and cable TV programs.117 While public TV distributors in Europe have moved to incorporate online and cable TV into one interface,118 the cable industry lobbying association has recently argued that
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