What happens if broadcasters lose the Aereo case?

[Commentary] Should Aereo win the right to retransmit the over-the-air signals of television broadcasters, other operators could use similar technologies to also avoid paying the retransmission fees, and that, say some legal experts, could undermine the entire broadcast business model.

The rumors of the death of broadcast TV could be greatly exaggerated however. Pamela Samuelson, professor of law at UC Berkeley School of Law said: "My prediction is that the court will split on the case, but Aereo will win on statutory interpretation and the court will say if you don't like this result, tell it to Congress.

Aereo has on its side that Microsoft and other tech companies think that many cloud services companies would be at risk if ABC's interpretation of the statute prevails." However, the broadcasters may instead opt for what some have called the "nuclear option."

In the summer of 2013, executives at Fox threatened to pull its prime time content and move it to a cable offering, while more recently CBS hinted it might also consider such a strategy. The question becomes whether broadcasters could really make the jump to cable.