Like the article says, OTA is available with an OTA antenna. In some areas,OTA is better than ever since the DTV transition. In some areas, like mine, OTA is somewhat of a challenge due to the details of its implementation - namely 8VSB modulation.
Part of the trouble is that roof mounted TV antennas (not satellite dishes) have gone by the wayside; people no longer see them as fashionable.
But, I would prefer a ruling that does not obsolete getting OTA TV for free with an antenna as some broadcasters have threatened.
If it were me sitting on that bench, this would be in conflict with "Fair Use" rules where copyrighted material cannot be used for profit. Since Aereo is making a profit by providing their customers with copyrighted content, even if they get it for free OTA, I see this as amounting to piracy. What difference would there be between Aereo's service and selling electronic copies of a show that was recorded over the air, making a profit for the service, and not paying licensing fees? In many ways, Aereo is providing what CATV used to be "community antenna television," and CATV in its current form, pays licensing fees to broadcasters for material.
As I see it, just because they make "private copies only for one viewer," does not make it different from piracy. Essentially, that is what pirates do when they copy any show and sell it to their clientele. Pirates make private copies for their clientele, and according to this, the district court that ruled that it was legal is on the shady edge of the law, IMHO.