Key Points
1. Removes windowing, unless you give youtube offers within reason (but what reason?). (Part 4/3b)
2. Google forces you to offer them comparable offers.
3. Parts of the contract are Illegal in many countries.
4. Prevents future sales through multiple means.
Major Paragraph:
“Catalogue Commitment and Monetization. It is understood that as of the Effective Date and throughout the Term, Provider’s entire catalogue of Provider Sound Recordings and Provider Music Videos (including Provider Music Videos delivered via a third party) will be available for the Premium and Free Services for use in connection with each type of Relevant Content, (excluding AudioSwap Recordings, which will be at Provider’s option) and set to a default policy of Monetize for both the Premium and Free Services, except as otherwise set forth in this Agreement. Further, Provider will provide Google with the same Provider Sound Recordings and Provider Music Videos on the same day as it provides such content to any other similarly situated partners. The foregoing will be subject to reasonable quantity of limited-time exclusive promotional offers (in each case, with a single third party partner) (“Limited Exclusives”), as long as a) Provider provides Google with comparable exclusive promotional offers and b) the quantity and duration of such Limited Exclusives do not frustrate the intent of this Agreement.”
Meaning:
YouTube not only forces artists to make their entire catalogs available on its free service however, it also demands that it happens on release day, online AND off-line.
This prevents future sales — i.e. YouTube users can now download all songs for free, which means there’s no need for anybody to buy music from iTunes anymore.
Side notes:
3. Rate Change. To the extent that any major label agrees to any rates for the Google Services that are lower than the rates set forth in Exhibits C or D, including with respect to bundling, Google will have the right to reduce Provider’s analogous rates accordingly, following thirty (30) days written notice (via email will be sufficient) to Provider.
Also, check below for some more in-depth links that convert to laymans more.