The Scotus opinion didn't really differentiate between live and time-shifted transmission. It found that Aereo didn't even have the right to transmit at all. Th

The Scotus opinion didn't really differentiate between live and time-shifted transmission. It found that Aereo didn't even have the right to transmit at all. The issue of time-shifting then became unimportant. I'm not sure how SCOTUS would come out if it had seen Cablevision, but I think there is clear room for differentiation. I think you can say that time-shifting is not rebroadcast without allowing Aereo. Aereo went a step further and said well we'll rent you an antenna. That's really the part that didn't fly with SCOTUS. At least that is how I'd argue it.