FCC Commissioner Mike O’Rielly last week sent a letter to the CEOs of Amazon and eBay asking for their help to remove unauthorized set-top boxes from their websites.
Without naming specific products or manufacturers, O’Rielly said that some ‘rogue’ set-top box makers and distributors were fraudulently affixing the FCC logo on devices that had not been approved by the Commission.
“Although sufficiently disturbing on its own, these devices are particularly problematic as they are perpetrating intellectual property theft and consumer fraud,” O’Rielly wrote.
Specifically, O’Rielly pointed to nine set-top box distributors (though did not provide names) that were referred to the FCC last year for facilitating illegal streaming of copyrighted material.
“Although outside the jurisdiction of the Commission, it is equally troubling that many of these devices are being used to illegally stream copyrighted content, exacerbating the theft of billions of dollars in American innovation and creativity,” the letter stated.
He acknowledged that both Amazon and eBay have taken proactive steps to take down illegal devices and any sales of such are unintentional. Specifically, O’Rielly said he was aware that Amazon has prevented the sale of “tens of thousands” of bogus set-top boxes through automated detection, preventative investigations and notice of infringement from rights holders. eBay also stops sales when devices are flagged with phrases like “never pay another cable bill” or “fully loaded,” indicating that they will be used to illegally stream content.
“Unfortunately, despite your good work in this area, devices continue to make it to consumers through your websites,” O’Rielly wrote. “Moreover, the consumer may unwittingly believe that the device is lawful since they were able to purchase is from a legitimate company.”
“For these reasons, I am seeking your further cooperation in assisting the FCC in taking steps to eliminate non-FCC compliant devices or devices that fraudulently bear the FCC logo,” he requested.
Amazon has joined forces with Netflix and major film studios to sue makers of hardware devices that can be used to watch copyrighted content including TickBox, Dragon and Set TV. Amazon responded Friday with its own letter, (obtained by ArsTechnica) reiterating its efforts to combat piracy.
“We strictly prohibit the sale of IP-infringing and non-compliant products,” Amazon VP of Public Policy Brian Huseman wrote in response to O’Rielly, noting that in 2017 the company became the first online retailer to prohibit the sale of streaming media player that promote or facilitate piracy.
“We would also appreciate the opportunity to collaborate further with the FCC to remove non-compliant devices that improperly use the FCC logo or falsely claim FCC certification,” Huseman continued. “If any FCC non-complaint devices are identified, we seek to work with you to ensure they are not offered for sale.”