My impression of the Aereo decision was that it was based on the letter of the law. Contrary to opinions often expressed here, the law wording does not specifically apply to cable companies and specific wording was not creatively interpreted to apply to Aereo. The wording of the law referred not to antennas and cables but to a more abstract notion of "public performances" of copyrighted works, and Aereo fell squarely into what Congress (and legal precedent) meant by public performances of copyrighted works. The law was actually fairly well written to cover evolving technology.