I agree, we need to repeal the OST. Or just totally ignore it. I still need to find a copy and read exactly what it says. But my guess would be that Elon and Robert (Musk and Bigelow) have no intention of following it.
Their activities are allowed. Whatever you own when you launch it remains yours.
The court decision reinforces the intent of the Treaty and removed any doubt as to its interpretation--no celestial body will become private property.
You can find the Outer Space Treaty and others here:
http://www.unoosa.org/oosa/index.html
Article II of the 1967 Outer Space Treaty of the United Nations (ratified by around 100 member countries) states that:
“Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”
Where does it say that private appropriation is banned, though?