reply to Bootes
Re: previous case I guess we can rationalize it either way, but I'd bet if Aereo wins (unlikely), the lawsuits will fly as cablecos and iptv telcos sue to get out of retrans. It is huge $.
Cablevision and Aereo are very different situations. Aereo is just as controversial without the DVR service.
In Cablevision's case, the rights to the programming itself were not in question. The legal challenge was about the delivery and operation of the layered DVR service.
With Aereo, the right to the programming is the most important issue. Aereo appears to be aggregating and distributing a product they don't have the rights for.