This is getting off topic, @tmm1 feel free to fork this discussion....
They guy that started Locast is a lawyer, former legal adviser to the FCC, and VP of Law and Public Policy at DISH. He has openly welcomed lawsuits against Locast because he knows the legal footing he has.
Aereo only lost 6-3 in the Supreme Court, and Locast has taken the findings in that case a built a platform that addresses all of the aspects that went into the decision against Aereo.