Is it illegal to download videos on YouTube?

There have been many debates as to whether or not the use of a YouTube downloader is legal or not.

Most of the debate for the no side is in YouTube's Terms of Service which states under Section 5, Subsection B "Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content."

The argument for the yes side tends to come from people's opinion that YouTube doesn't have that legal ability to put this in their TOS. They cite the "Betamax case" of 1985 for their case where the Supreme Court said that the use of a Betamax, VHS or other type of VCR to record materials such as television shows and movies for personal use from live television was "fair use" of copyrighted materials. It only covers personal use, and making copies of the recorded tape to sell was illegal and not "fair use". This is also why recording movies and shows to a TIVO or modern DVR is legal, which can be plugged into a VCR to make endless hard copies on tape. The argument goes on to say that YouTube and personal computers are the modern day equivalent of TVs and VCRs, and as long as the download is for PERSONAL USE ONLY, that it falls under the protection of the "Betamax case".

The real answer is that there is no real answer. Both sides are compelling arguments that make Excellent points. Unfortunately, unless the Supreme Court steps in like in '85 and says that yes it does fall under the protection of it's previous ruling or no, digital downloads are not protected I don't see and end to this argument.

I suppose that the long and short of it is, since it's in the YouTube TOS that downloading is a violation I wouldn't push the issue, but it's really your call.