I don't believe its the Law that is confusing here but Googles rules so they won't be liable again for their own mistakes. A good Lawyer can use vague to their advantage and I bet they have plenty of good Lawyers. The Law I believe is simple, you can't gather information about minors (under 13) Online to protect them from predators or those wishing to take advantage of them. The exact thing that YouTube was fined for, gathering information on them so they might profit from them in the way of purchases from and income from Ads.
So now, if YouTube is guilty of the same infractions again they can just argue that its the Creators fault for not marking it as Made For Kids and therefore they are not responsible.
For example:
I put up a Plarail video and mark it as Not Made For Kids, YouTube can now gather information on all the viewers of the video and target them with Ads that should interest them. Then, if because the FTC see's it and deems it a Toy Video that interests Kids YouTube can say that the Creator is the one that marked it as Not Made For Kids. Then I think that both YouTube and the FTC can go after you.
Bottom line is that YouTube has thrown the Creators under the bus for their own mistakes. I think an easy solution is to have options for Creators to choose what content Ads can have in their videos like Ads for Adults, Family Friendly Ads (for both adults & children) and For Kids Only. That way there is more control of their own videos and the liability also. But that would probable decrease YouTubes profits so they just say, lets make sure we aren't liable for anything and make the Creators pay. Its all a mess.
So now, if YouTube is guilty of the same infractions again they can just argue that its the Creators fault for not marking it as Made For Kids and therefore they are not responsible.
For example:
I put up a Plarail video and mark it as Not Made For Kids, YouTube can now gather information on all the viewers of the video and target them with Ads that should interest them. Then, if because the FTC see's it and deems it a Toy Video that interests Kids YouTube can say that the Creator is the one that marked it as Not Made For Kids. Then I think that both YouTube and the FTC can go after you.
Bottom line is that YouTube has thrown the Creators under the bus for their own mistakes. I think an easy solution is to have options for Creators to choose what content Ads can have in their videos like Ads for Adults, Family Friendly Ads (for both adults & children) and For Kids Only. That way there is more control of their own videos and the liability also. But that would probable decrease YouTubes profits so they just say, lets make sure we aren't liable for anything and make the Creators pay. Its all a mess.
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