Now we only need an argument that you were doing it for private financial gain, to satisfy A). If you have adwords on the blog you're embedding the youtube video on? Sounds like a felony to me.
The word "felony" should really be reserved for crimes that hurt people.
Oh, I agree and don't agree with the law. Just stating that it's not as overreaching as stated by the linked article.
I do not know much about the law I believe this comes down to interpretation by a judge which I hope will use their best judgement. I know there are cases where judges have been ignorant but that's why we have an appeals process.
I'm certain that if court rooms are filled with bloggers embedding videos that these will either be thrown out in most cases or the law will be altered.
I'm more worried about letters from lawyers to bloggers and others trying to bully them around with this law. The lawyers may know they can't win but may be able to scare someone enough to cough up cash to not go to court.
Personally, I'd like an anti-bullying law to prevent companies from sending templated emails for profit.
If you posit that B or C are always true, you don't need A You only ever need one of the three.