Also, Aereo: Oh, and remember that SCOTUS only specifically said we're infringing when things are rebroadcast nearly simultaneously. Because they punted on the question of later playback, you should totally let us do DVR-style playback, even if you grant an injunction.
I don't know if it is as weak as you are implying. Remember the injunction is only supposed to protect the plaintiff, not kill the defendant. An injunction that only applies until the show is over would provide most of the benefit the plaintiff needs while not destroying Aereo in the mean time.
Broadcasters: Aereo is a cable company!
Aereo: We're not a cable company!
Supreme court: We decree that Aereo is a cable company.
Aereo: Ok, I guess we're a cable company, so let's litigate under the statutes that apply to cable companies.
Broadcasters: But you said before that you weren't a cable company so therefore you aren't!