OTA is free to resell as you see fit? LIft some songs off of an HD radio and set up a website where you sell them for 50 cents a pop. See how long that lasts. Even if you do it one song at a time for one client at a time (essentially the Aereo model), the RIAA is going to have your man apples on a platter.
Yeah, this is why I'm surprised by these rulings. That type of behavior has always been considered unlawful but just didn't rise to a level that the rights holders deemed to be worth fighting. Kind of like "leakage" from a retail store. Yeah the employees are stealing the product, but it's just not worth the effort to prosecute all of them just to reduce the leakage by a couple of percent.
On the other side of the coin, the TV stations are making the same mistake the recording industry is making by fighting this. The better tact is to get out in front of it. Antitrust fears notwithstanding, a dozen stations in a single market forming a coalition to provide this very service would knock Aereo out of their market. And they can offer it with a direct feed and a number of other features (on-demand, instant news, weather, etc) that Aereo cannot. Sell banner ads and undercut Aereo. Game over.
I've considered that, but I think the problem is lot more complex than you're making it.
First, I suspect that there are terms in their contracts with the cable companies that prevent them from competing against the cable company in that manner since that would essectially make them a cable tv provider.
Second, that's a boatload of bandwidth to have to serve up and would cost the broadcaster a fortune unless they also want to get into the business of being a level 3 internet provider and get in on the bandwidth sharing agreements. A bunch of AM and FM radio broadcasters tried to do their own servers and they couldn't afford it even though their bandwidth requirements are a tiny fraction of what's needed for video.