There's one key point that I haven't seen discussed here much. If this were a simple case of Microsoft contacting content producers directly and offering these things, then it'd be more acceptable. However, these are partners of Machinima, which has a relationship with YT and advertisers (fox, adotube, cbs, etc) to provide a revenue share to content producers. The fact that Machinima is mandating these terms to the content producers is what makes everything a bit shady, and poses several conflicts of interest for them.