Not sure I'm comfortable with "buy" justice -- it's not quite that overt. But otherwise you are correct. There is only one practical difference between Tivo streaming and Aereo, which is that Aereo is a single entity that can be forced to pay fees while it would be impractical to identify all the instances of TiVo streaming and force those people to pay fees. Well I guess they could collect a fee from TiVo for every OTA box sold. Anyway it's all ridiculous and congress should fix the law so SCOTUS doesn't even get involved. A key issue to avoid retransmission fees is that the video content is unaltered, e.g., commercials are passed through as is. Some tricky provisions to prevent Aereo-like approaches from being used to circumvent local blackouts would also be needed.