Nope, no difference. It's a case of first impression related to novel use of technology to deliver a long standing product and existing law isn't specific enough for a decision without trial and interpretation. So right now it's in limbo, neither clearly legal or clearly illegal. So no big difference (contrary to what you state).
In fact, since Aereo is new it really needs a favorable verdict sooner than the established deep pocket networks need one. I can see the networks drag this on for as long as possible in the hope that the uncertainty will starve the startup of 1) investors in the business and 2) customers willing to adopt a novel and perhaps illegal service. Without enough of either of those Aereo goes under and the networks win by default.
As a bonus to the networks, the longer they can litigate this, the longer they can delay others from adopting this model and cutting off a revenue stream of theirs (much like the direct not implementing their own version of autohop while the current litigation is pending).
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I am not that familiar with Aereo, so I am curious how they are taking local TV signals, retransmitting them to subscribers for a fee, and somehow not having to pay the local stations for those signals. Certainly if Dish and Comcast are forced to negotiate retransmission fees, I can't see an angle Aereo could use to bypass those same fees.
In many cases Dish / DTV use an OTA antenna to acquire local channel signals, which to me makes them the same as Aereo except for the final delivery method (satellite vs. internet).