Because the company is doing the performance to the public, even if they did a little dog-and-pony show to try and make it seem like it wasn't. I think there a

Because the company is doing the performance to the public, even if they did a little dog-and-pony show to try and make it seem like it wasn't. I think there are distinctions with the Aereo case, though. I could see Aereo winning despite the remote-watching-DVD case, and I was very confident in correctly predicting how the DVD case would turn out.