Plus they have a built in functionality to detect and skip creator ads. Not that if they were actually legally responsible for blocking those that this would be an acceptable solution, but they aren’t, so this is a consumer bonus.
I hate that I’m defending Google here, but I agree the lawsuit is frivolous.
Ianal, but I believe laws like this usually have a “reasonable expectation” component to them. Imo, ad free means Google isn’t injecting their own ads before or during videos, with the exception of ads during live events. I believe they have lived up to that and more with the built in functionality to detect and skip creator ads. I think the explicit writing in the ToS further defends their position, but by itself isn’t a definitive defense. So I think the prosecution has to somehow convince a judge that they were actually deceived by the whole package, the marketing and defend against the very clearly stated section in the ToS. That to me is a tall order and I think Google wins.
That’s just like Zuck to copy yet another idea.