Both you and the dissenting judge seem to take issue with the complexity of the technical approach. That does not seem like a legal argument. I understand that

Both you and the dissenting judge seem to take issue with the complexity of the technical approach. That does not seem like a legal argument. I understand that if someone goes to great lengths to do something illegal, say hide their transactions and funds with multiple offshore accounts to avoid paying taxes, it can be a legal argument (it's proof of knowing and evading). But in this case, the goal is something legal: a consumer setting up a private antenna, connecting it to a private DVR and watching it over the internet. Aereo figured there would be a market demand, so they figured out a way to do it economically for a lot of people at the same time. [In fact, I wonder if Aereo is patenting their antenna array and general setup. It's clearly a highly complex innovation.] Actually, there is an exception to tresspassing: the complex dance involves getting certified as a pilot and using an airplane--and staying a certain level above ground. Here's another exception: some jurisdictions allow native populations access to land regardless of private ownership (though ancestry is less generalizable). Medical marijuana might be more similar: it's generally illegal, except for certain illness, so all of a sudden, a lot of people are getting diagnosed (with certain doctors and dispensaries gaining). My point is, all these models of interaction (real property, media copyright, and consumer rights) have loopholes of various degrees, or rather overlaps in what is allowed and what is gained (access vs. property rights, entertainment vs. commercials). Essentially, the market is still maturing. The model of over-the-air TV with commercials is not the end-all-be-all of consumer entertainment. Other models are being developed at its expense, reshaping the legal and economical landscape as they go, and of course the established players user their clout to hang on as long as possible. Actually, HBO is evolving. It was already cable-only in response to the shifting of these winds decades ago. Now it is releasing series (Game of Thrones) on its own terms. You see people who say "take my money, just let me download it." But having avoided the gray areas such as over-the-air broadcasting, it is in a position of power. It knows people want the series, that desire creates value, and it is in a position to reap that value. Sure there is torrenting, but from a copyright position, violaters are defintely in the wrong. As a result, I wonder if this ruling will eventually lead to the end of over-the-air TV transmission. And in the short term, it wouldn't surprise me if Aereo's facility suddenly had very poor reception due to some antenna misalignments at their local transmitter.