I tend to support Aereo's position as long as they do not strip out the broadcaster's commercials. The reason broadcasters oppose Aereo is that they can negotiate retransmission fees from cable providers. If Aereo is successful, broadcasters will not be able to obtain as much in retransmission fees from the cable operators. Note that broadcasters have been allowed to successfully shutdown websites retransmitting television broadcasts, although I don't recall the issue going to the Supremes.
Here's the thing: Satellite & Cable can't just "antenna" streams of local stations in airwaves on their cable package for free -- they have to pay the HQ all of that. Of course, they're likely not getting it from antennas but from the broadcaster HQs and just paying the fee that way, etc. But even if they weren't that's beside the point....
Thing is, Cable companies aren't saying "Hey, in order to get your local network channels, you have to lease an antenna from us, and we'll include it in your cable service." There's a big difference between *1* antenna, and you-lease-an-antenna. That's how Aereo's different. So no, it's not the same.
All Aereo is doing is channeling the line from a person's antenna, instead from their roof to their living room, from Aereo's own roof and using the Internet to re-direct it.
If an antenna company said "Hey, don't want to buy one, but instead lease one that we'll install on your roof?" -- would that be bad? No.
Okay, say the company said "Hey, if you don't get the best reception, we'll put your antenna in a prime signal spot -- and instead of a line coming from your own roof to your TV, we'll have the line utilize the Internet through your cable wire to get to your TV. How is that suddenly illegal?
Again, the antenna company WOULD NOT BE SAYING -- "Hey, just use our SOLE antenna that we split a billion ways and feed off it."
They're saying: "Instead of putting your antenna that you're buying or leasing on your roof -- let's put it over Here, outside your residence, and we'll just feed you that stream through the Internet (the remote way of Information) -- and you can get the signal from YOUR antenna that way. You'll be leasing the space where your antenna is, and like some places do anyway, be leasing your separate antenna.
What's illegal about that?
Essentially the networks aren't getting fees for "Re-Broadcasting". But it's not re-broadcasting anymore than an antenna on your roof is wirelessly "broadcasting" the results to your living room.
If satellite or cable companies wanted to this, they could -- but they're Not. They'd have to adjust it where Comcast would have to set up an antenna for you to buy or lease and put it up in your area where you get an optimal signal, and re-route it to a sole device/adapter-to-cable-box to incorporate that. It's a nightmare for them. A Comcast box doesn't have an adapter to get a feed from your own antenna on your roof. What cable companies & satellite companies are doing is NOTABLY DIFFERENT -- So Aereo is not doing the same thing as cable companies w/o paying network fees.
They're just rerouting YOUR stream -- TO YOU.