“Free to air” really means that broadcasters have no case

[Commentary] In the Aereo case, it is very clear what is happening: broadcasters are seeking to keep a rent stream going that was essentially handed to them historically by license agreements with the government.

They are using copyright law to do this where it is clear that the license agreement was intended to restrict those sources of revenue in the first place and to limit their options.

Broadcasters have a simple choice: they can keep to the terms of the license agreement or just stop and give up the licenses and restore to themselves the full range of options under copyright. It is not Aereo who are confused but the broadcasters. And from what I can gather the lawyers are doing a good job of keeping the Justices confused as well.