They are using multiple antenna that because that was how the Supreme's told them how to do it in an earlier case on remote DVRs. Since they aren't "commingling

They are using multiple antenna that because that was how the Supreme's told them how to do it in an earlier case on remote DVRs. Since they aren't "commingling" the signals, using their service can be logically thought of as a "private" performance. If they used one antenna, then all of the signals would be mixed together and could be thought of as "public" (which isn't allowed). Because each user controls their own equipment, and their data isn't stored with that from other people, then you end up with a lot of duplicated, albeit private, data. And that's the difference. Using one antenna to capture and retransmit a show to yourself is perfectly legal. That's the whole point behind the Slingbox. With a DVR, you are "time-shifting" your viewing. With a Slingbox, you are "place-shifting" your viewing. Put them together, and you can do both. The only distinction for Aereo is that they are providing place and time-shifting as a service using normal (free) over the air signals. Aereo also doesn't allow you to control an antenna for an area where you don't live, so the customer needs to be in the correct geographic area where they could plausibly receive the over-the-air signals without Aereo.