You can get over-the-air HDTV signals using an antenna. This antenna gets a better, stronger signal with less interference if it is direct line-of-sight and as near as possible to the broadcast towers. So, you might want an antenna that is up high or even some distance away to get the best signal.
But if you try to do this, you immediately run into a question: At what point does that antenna become too long to be legal or the signal from the antenna is transmitted in a way where it is no longer legal?
Let's say I put an antenna behind my TV hooked up with a wire. That's obviously legal and what many people currently do.
Let's say I put an antenna outside on top of a tree or my garage and run a wire inside. Still seems obviously legal.
Let's say I put an antenna on top of my roof. Still clearly fine.
Let's say I put it on my neighbor's roof and run a wire to my TV. Still ok?
Let's say I put the antenna on my neighbor's roof, but have the antenna connect to my WiFi network and transmit the signal using my local area network instead of using a direct wired cable connection. Still ok?
Let's say I put the antenna on my neighbor's roof, but have the antenna connect to my neighbor's WiFi network and transmit the signal over their WiFi, over the internet, then to my WiFi, instead of using a direct wired cable connection. Still ok?
Let's say I put my antenna on my neighbor's roof, but my neighbor won't do this for free. I have to pay a small amount of rent to my neighbor for the space on his roof used by my antenna. I also have the antenna connect to my neighbor's WiFi network and transmit its signal over their WiFi, over the internet, then to my WiFi, instead of using a direct wired cable connection. Still ok?
Let's say, like before, I put my antenna on my neighbor's roof, pay the neighbor rent for the space on his roof, use the internet to transmit the antenna's signal. But, this time, I buy the antenna from my neighbor at the beginning (and, like before, I own it now). Is that okay?
Let's say I put my antenna on my neighbor's roof, pay the neighbor rent for the space on his roof, use the internet to transmit the antenna's signal, but now I rent or lease the antenna from my neighbor. Still ok? If this is not ok, which part is not ok? Is it suddenly ok if I replace the internet connection with a direct microwave relay or hardwired connection?
Let's say I do all of the last one, but use a neighbor's roof three houses away. Still ok?
Let's say I do all of the last one, but use a roof on a building five blocks away. Still ok?
Let's say I rent an antenna on top of a skyscraper in downtown Seattle and have the signal sent to me over the internet. Not ok?
The Supreme Court recently ruled Aereo is illegal. Aereo put small antennas in a building and rented them to people. The only thing they did beyond the last thing above is time-shifting, so they would not necessary send the signal from the antenna immediately, but instead store it, and only transmit it when demanded.
You might think it's the time shifting that's the problem, but that didn't seem to be what the Supreme Court said. Rather, they said the intent of the 1976 amendments to US copyright law prohibit community antennas (which is one antenna that sends its signal to multiple homes), labelling those a "public performance". They said Aereo's system was similar in function to a community antenna, despite actually having multiple antennas, and violated the intent of the 1976 law.
So, the question is, where is the line? Where does my antenna become too distant, transmit using the wrong methods, or involve too many payments to third parties in the operation of the antenna that it becomes illegal? Can it not be longer than X meters? Not transmit its signal in particular ways? Not require rent for the equipment or space on which the antenna sits? Not store the signal at the antenna and transmit it only on demand? What is the line?
I think this question is interesting for two reasons. First, as an individual, I would love to have a personal-use over-the-air HDTV antenna that gets a much better reception than the obstructed and inefficient placement behind my TV, but I don't know at what point it becomes illegal for me to place an antenna far away from the TV. Second, I suspect many others would like a better signal from their HDTV antenna too, and I'd love to see a startup (or any group) that helped people set up these antennas, but it is very unclear what it might be legal for a startup to do.