I think the latter point absolutely is unreasonable. That marketing tagline you pulled could just as easily have come from Sling (i.e. "Put an antenna in your

I think the latter point absolutely is unreasonable. That marketing tagline you pulled could just as easily have come from Sling (i.e. "Put an antenna in your house and hook it up to a Slingbox"). But nobody seems to think that would be a public performance. By your logic, Aereo should have been legal if the website said "User-controlled, individually assigned remote antennas and DVRs in the cloud". The way you market yourself has nothing to do with copyright law. You need to look at what's actually happening under the hood – not just base your decision on whatever the "user perception" is of the service.