said by Neyland 
:It seems to me that this could be easily argued that because I as the end user are in control of both the record request and the playback, and I'm viewing for my private enjoyment in my home that the cable company is in fact not rebroadcasting, but rather simply acting as a storage median.
It could be argued that if I receive a broadcast station from the cable headend for my private enjoyment that the cable company is simply acting as my antenna. Whether I like it or not (and if retransmission consent agreements increase my bill I don't) the content providers ultimately won their argument against that in court.
