Let's stick with some facts (I'm a pilot and work closely with the FAA for my dayjob so I know a bit about this space) ... - The FAA is responsible for the safety of U.S. airspace from the ground up. This misperception may originate with the idea that manned aircraft generally must stay at least 500 feet above the ground. - There are no shades of gray in FAA regulations. Anyone who wants to fly an aircraft—manned or…
It appears this issue is exactly what the decision addressed. At issue was whether the definition of "aircraft" applied to the model aircraft that Mr. Pirker was flying. You're correct in stating that every aircraft, as defined under the regulations, must have FAA approval (in most cases, a COA). The judge concluded specifically that "aircraft as defined in 14 CFR Part 1, Section 1.1 does not include model aircraft.[…
So, I could go out to a field and zoom around a field and record footage to my heart's content and be completely kosher. But if my buddy decided it'd be neat to have a photo of his neighborhood and gives me $5 to fly over and snap one, I'm illegally operating a UAS. Absolutely nothing has changed in terms of what the aircraft is and the level of danger it does or does not pose.