Following its crushing defeat before the U.S. Supreme Court earlier this summer, streaming video startup Aereo tried to stay alive by arguing that since the court said it was acting like a cable company, it should then be considered a cable company. Alas, a federal appeals court has decided not to hear this debate, possibly hammering the final nail into Aereo’s coffin. Aereo had originally claimed that its service — which uses arrays of tiny antennae to capture freely available over-the-air broadcast signals and then transmit the live feeds over the Internet to paying users — didn’t violate broadcasters’ copyright because the setup was really just a high-tech rooftop antenna, connecting one user with a single wee antenna. But a divided SCOTUS disagreed, with the majority ruling that what Aereo was doing was not substantially different from the way in which pay-TV operators collect and retransmit over-the-air network feeds to cable customers.