They're fighting the good fight but I don't know how they're going to prevail against a Luddite group of Supremes. As was explained on a podcast just the other night all the cable companies essentially started out the same way, as community antenna services. They would erect a really tall antenna tower that could pull in television signals from stations up to 150 miles away or so, amplify those signals, and pipe them into the homes of their paying customers. They were eventually regulated and as part of that regulatory structure they had to pay fees to the broadcast stations whose signals they carried. Aereo doesn't exactly fit the bill as a community antenna service but they are close enough that SCOTUS could rule that they are and require them to pay carriage fees which would put them out of business.