How does AEREO charging for the use of their antenna hardware and software (in order to capture the broadcast on a computer), differ from renting an antenna and digital TV from a company?
Because the Aereo antenna actually capturing the broadcast isn’t at your house — it’s at an Aereo data center.
And the flip side of American broadcast airwaves licensing (must be free to the public) is that no third party can charge to show the content of that broadcast either.
So the nets argued that Aereo was rebroadcasting the fruits of their free signal and charging for it.
You know how sports bars can’t (legally) charge people an entrance fee and show the big game on CBS? It’s because they’re charging a fee for what is by federal regulation supposed to be a free broadcast.
The nets convinced the Supremes that Aereo is doing the same thing as a sports bar.