Disruptive technology is not itself enough to drive a unique upstart's business plan when entrenched competitors opt to stop a threat in the courts rather than with innovation in an industry that's long struggled with meaningful change.

Such is the case with Aereo, which has survived one legal challenge, a second this week and faces a third from yet another broadcast TV station owner. Hearst in Boston, like Fox' parent News Corp., doesn't like the upstart's plan to stream their broadcast channels without paying compensation.

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