It's an interesting thought experiment, but ultimately boils down to one point. YT gets to do whatever they want. The terms of service are designed so they can be selective in their enforcement.
Is it bad policy? Yes. Does it allow for flexibility in a world that is never black and white? Also yes. Honestly, if there was a better solution, what would it be? The questions are endless once you start down this rabbit hole.
Is it bad policy? Yes. Does it allow for flexibility in a world that is never black and white? Also yes. Honestly, if there was a better solution, what would it be? The questions are endless once you start down this rabbit hole.