Games are played in enclosed spaces. The leagues license the broadcasters to allow those outside the stadium an opportunity to see it. It is an exclusive license. No different than using your phone to record inside a theater or concert hall.
The point that I'm making is that if CBS is licensed to broadcast it, and their earnings are based on advertising, each station gets a cut, in accordance with their particular viewing numbers based on the totals received. The argument would be that if the game is broadcast over CBS, and you watched it, no matter where you were, CBS could be given credit for the view, therefore increasing it's ad revenue, and make money. As far as.....let's say CBS in Green Bay, the advertising would still be part of the viewing even if it happened in Boise, Idaho. The only variance would be the local ads. Do they really matter in the scheme of things, because the only people who would be interested in them in the first place, would be able to get the games on their local station.
No! Those against freeing viewing would say that the intent of the "protected territory" is a scheme, that's intent on forcing anyone living within those boundaries to watch the games broadcast by their local teams only, because the refuse to allow you freedom of choice, in which games you watch. In reality, the argument really hinges around censorship, and allowing only what you dictate to people, that they are allowed to watch, while there are so many options out there, that should readily be available.
Continuing the argument, your being allowed to watch what you want can only be gained by paying ransom to have it available.
Next, one look at the money involved, and the way the average person would see the issue, and the huge amounts of value and money that is being profited by both players and teams, and you can get a pretty good idea where public sentiment would take it, in Congress, and eventually through laws and the courts.
When they go to pay-per-view, we can expect it's going to be a real nightmare of lawsuits, counter-suits, and public opinion that's going to create havoc.
But, that's the good side of it. If the NFL won in court, we'd be signing mortgages for our homes eventually, just to be able to watch them on TV. As it is, going to a Super Bowl game in this day and age has reached a point where people have to put themselves in serious financial difficulty to cover the costs for the weekend.
All in all, it's an interesting situation.