http://motherboard.vice.com/read/faa-can-make-all-drone-flights-illegal-appeals-court-rules The appeals board says that the federal "definitions on their face do not exclude even a 'model aircraft' from the meaning of 'aircraft.'" Which considering the 400 foot height limit for model aircraft and the 500ft lower limit to Aircraft for safe flight, its quite the conundrum. Anyhow the saga continues, as they kick the case back down to a lower court.