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I wonder if Aereo would be legal if they dropped the DVR portion of the service. It seems like that is the issue here.

If it's really just me renting an antenna it seems like that is still legal.

Nope - it's the unlicensed transmission that this decision covers. The opinion actually states that a cable company (with its licenses) would be able to offer the DVR portion of the service. The DVR thing was covered in the Second Circuit's Cartoon Network/Cablevision decision. It's what gave Aereo the idea to try the many-antennas approach. The biggest difference is that Cablevision has broadcast licenses.

Got it, thanks for the clarification.

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