To a lesser extent, what about gamefaqs? Those are representations of complete games containing material people used to pay for, like cheat codes.
Also, I want to see the terms of service of any game that says you can't use it for a performance. Games are played all the time out in public. If you cannot show gameplay in public, you can't have handheld consoles anymore. I watched someone play some dungeon exploration game on a bus ride once. What's the difference between that and YouTube in the terms of service?
Also, does that mean you can copyright the use of a product in public? For example, if I'm selling some widget, can I prevent that widget from being shown on YouTube? Let's say that I make a wooden labyrinth with a marble in it and someone makes a video showing how to solve it. What's the difference?
What if you don't turn on advertisements?
So many questions, and I hope this goes to court so we can clear this up. I can understand that people who steal music and movies online, yeah that's piracy. But this is about performance, educating people how to play games, humor, and entertainment beyond the product itself. They are overstepping their bounds, and I really can't feel bad for any companies who have a "Let's Play" made about their game. I understand that Google is covering their behind, but I just don't see the liability here.