this post was submitted on 21 Oct 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ
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I would recommend people read the IAB ad blocker detection guide for Europe which provides a good summary of what is possible. It lays out the that depending on how the detection is done it might be defensible to rely on ToS, and to remove all risk, implement a consent banner, wall, or both.
Which is to say, even if it was ruled that YouTube can't rely on ToS, which I don't think is a sure thing, they would just have a consent wall like for cookies.