It seems that the Supreme Court took issue with the fact that Aereo operated not only the hardware, but also the DVR software (with similar functionality to tha

It seems that the Supreme Court took issue with the fact that Aereo operated not only the hardware, but also the DVR software (with similar functionality to that offered by the cable companies) that transmitted the copyrighted performance to subscribers. I wonder whether it would be legal to offer nothing but VMs in the cloud that happened to have a tuner attached, and let a separate company sell DVR software that records the TV show and transmits it privately. There must be some line between renting out one’s hardware and infringing copyright; Aereo just went a bit too far.