This is a dumb ruling, and likely to be overturned. Just given the calendar, not in time for the start of football season.
The big 3 should have just thrown in a couple of channels like Lifetime and TLC, and then Fubo never would have been able to make the argument.
Fubo is fked, it just may take a year or 2. At this point, there is no real need for 3rd party aggregators. There used to be, when there was significant capital infrastructure for cable/satellite, etc. However, Fubo doesn't really provide much of anything.
If it doesn't get overturned, ESPN will just go on along with the standalone service it was doing anyway. (The other 2 already have it). And just cut Fubo and the other 3rd party aggregators out.