This.
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.
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.
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.