Earlier quoted context omitted.
A contract in the US can't override tort law. Material change without consideration is de facto no go. 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…
> If your claim above was correct, YouTube would of simply already monetized the channel and unblocked the videos. 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.