[BlueTemplar]

Yeah, AFAIK in many jurisdictions, this would be thrown out of court, because you (YouTube) cannot go around and complain about people downloading your videos after you put them on direct access on the Internet ! (Your profits being reliant on separately shown ads aren't an excuse because you could splice them directly in the video and the analog hole still exists anyway.)

In practice though, this has resulted in several (replay) video broadcasters hiding their videos behind mandatory account creation - IIRC a legal battle is still ongoing because doing something like this might violate the obligations they took when they rented the public EM spectrum.