TLDR:IANAL

(i) After SCOTUS characterizes Aereo as cable company, Aereo appears willing to pay statutory content licensing fees that apply to cable companies. (ii) Aereo also seeks to retain the remote DVR feature of their service because the SCOTUS ruling only applies to live or near-live content transmission.

The former would create added costs, while the latter would obviously harm Aereo's value proposition because of the lack of live sporting events. Hope they find a way to survive.