"Marco Bassini, an assistant professor of fundamental rights and artificial intelligence at Tilburg Law School, said the biggest surprise was that the court parted ways with Advocate General Maciej Szpunar. While the advocate general viewed YouTube’s checks before admitting creators to its partner program as a routine eligibility review, the court saw those same checks as enough to show Google knew what the channels were about.
Bassini said that could leave platforms in a difficult position. If reviewing a channel’s theme or top videos before allowing it to earn advertising revenue is enough to remove legal protection, platforms could have a “perverse” incentive to carry out fewer compliance checks, not more. He said that sits uneasily with the Digital Services Act, which was designed to encourage platforms to investigate potentially unlawful content in good faith without automatically losing their liability protections."