[sodality2]

> By accepting ToS, or using service with ToS, you are entering a legal contract

Half right. Only if I accept them affirmatively with a clickwrap, like your article mentions. Implicitly accepted ones do not count. I’m not signed into youtube.com, so there is no acceptance of ToS.

[jiriknesl]

Even browse-wrap is legally binding, if visible enough (and it is visible just under the confirmation button on that massive Cookie Acceptance modal dialog when you come to YouTube).