Another thing is that I can see Aereo's workaround as being clever and proper but it really does defy the laws of physics. How does a dime sized antenna in an electrically noisy datacenter pick up anything?
Are they really in the datacenter or merely on the roof or in a window? Then again given the NYC market and that most broadcast from the Empire State Building or Secaucus I would think you could pick up the signal just about anywhere.