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> To play devil's advocate, I wonder if it can really be said that when you watch a youtube video you have been

>> invited to witness in its entirety free of charge

> when you consider advertising. It could be argued that when you watch a monetized youtube video you are being invited to view the video in exchange for also viewing advertisements as a form of payment.

The problem with this idea is that you're quoting a case about recording televised broadcasts. The quote you pulled your quote from begins "when one considers the nature of a televised copyrighted audiovisual work".

Televised works were shown with embedded advertising a lot more intrusive than what can appear on a YouTube video. There is no way for the presence of advertisements to affect how this argument applies to YouTube, when it was originally cast in terms of television.




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