So if Aereo were just in the antenna rental business, and some other entity were in the cloud DVR business, and consumers paired them together it would be just fine?
Edit: having read the decision, it seems there were companies that provided antenna services back in the 60's, and congress amended the copyright act to forbid them. The ability for Aereo subscribers to choose which material is transmitted is key to Aereo's argument.
Well, if Aereo would provide antenna and SDR that end-user could control (and a third party decoding software would decode the video, huh) - would it be the same?
Aereo wanted to define the activity by drawing a box around the tiny antenna and the user.
The Supremes draw the box around Aereo and their customer base.