The FCC made an exception for owners of legacy equipment. However, that starts with the STB for cable and satellite service because for the HDCP system to know that the STB is legacy, that STB must not have a DVI or HDMI output. If the STB is compliant and not connected with a compliant connection to the receiver, the HDTV, the HDCP protocol will assume that the connection is via Component. And a Broadcaster may file a 30 day advance notice with the FCC it's intention to downrez the Component to SD for a certain Broadcast Flag event.
Therefore, if I was the owner of an HDTV without DVI or HDMI input, I would make sure to find a STB without an HDCP compliant output (probably available on eBay). With a legacy HDTV, one should not buy or rent a STB/HD DVR for cable or satellite service because they all have an HDCP compliant output.
The present hold up caused by the US Court of Appeal concerns the FCC directive to the Electronics industry to incorporate an HDCP compliant input on all HDTV effective July 1, 2005. That directive was decided to be outside the scope of the FCC under the present law governing the FCC. The impact is for OTA capture of HD signals.
As far as cable and satellite, it is expected that they will not change their present policy of supplying STB's with HDCP compliant outputs. Cable and satellite providers do not wish to be refused programming or movies because of a content protection issue.
As for the Electronic industry, I would not expect manufacturers to produce HDTV's without HDCP inputs simply because a number of TV's will be used by people using only OTA signal source. Chances are that the initial costs to incorporate this feature has already been amortized.