Blender already had an account and videos hosted on Youtube. Blender did not change their videos. YouTube changed their rules - and is holding Blender's videos hostage until they accept NEW terms.
These aren't terms already part of Blender's contract - which is why Youtube is literally trying to force Blender to sign a new contract and refuses to execute their original ToS.
Of course you can, as long as that is specified in the contract.
> These aren't terms already part of Blender's contract - which is why Youtube is literally trying to force Blender to sign a new contract and refuses to execute their original ToS.
And that is allowed per the contract.
This is pretty standard torts 101. You can say whatever you want in a contract but that doesn't mean the clause is valid. Furthermore ToS fall under sticker contracts which have a different level of scrutiny especially in regards to material changes post facto.
YouTube knows this. This is why they are trying to get Blender to sign a new contract. If your claim above was correct, YouTube would of simply already monetized the channel and unblocked the videos.
That's a bit of a clumsy analogy, but the issue here is the immediate blocking of content and then demanding of pay. If Youtube instead said "Hey, you have 90 days to remove your content or let us monetize it" that would be a bit different.
No, they can't do that, but they can end the service until a new contract is signed. Which is exactly what happened.
The YT ToS does not create an obligation on YT's part to serve your videos.
Correct. The issue here is that they blocked the videos (not plain removal) with no warning or stated limit, and then demanded monetization to unblock the videos, thus creating a duress situation.
If YouTube had a stated policy saying "Videos getting over 250k views must be monetized" or sent a 90 day warning the situation would be different.
Instead YouTube blocked the videos without warning and then demanded a new monetization contract to restore service. That reeks of a duress case.
As in, their consideration here is “we continue to, without any pricetag, host your videos for free on a website receiving ongoing updates and development, AND FURTHER allow you to continue to upload and store new content, despite either and both being complete deadweight cost for us?”
The consideration being the right to indefinitely add more to the platform and benefit from those updates
I do agree that they are abusing their position, but I don't agree that they shouldn't be allowed to act the way they are acting. Are they being unreasonable? Maybe, but it's not my, or your, place to decide that.
Whose is it then? This is playing out in public; the public is free to opine.
Some things that are free of legal consequences come with consequences in other realms, and that's perfectly okay.
What a ridiculous statement. It's everybody's right and place to decide for themselves whether or not they think youtube is being reasonable.