Not necessarily; I think that is the crux of the discussion.

From a legal point of view it is deeply different. From a practical point of view it's not so clear. If a video isn't on Youtube, for many it's the same as not existing at all. For example, my Roku can show YouTube videos, but cannot access arbitrary urls.

In general, platforms are not supposed to discriminate, while Publishers do. This particular case makes that distinction far less obvious. I'd like to see some alternative, such as markings, instead of a simple include or not.