The idea that a person would have some sort of legal case against a person that uploaded their game to You Tube is absurd.
The only credible argument for requiring permission I have seen is from Maxroelofs. And to be clear he is not saying that there should be any MT rule against it, rather that the person would not upload as a respectful gesture to an opponent who had objected.
Personally I have always* asked permission of any player I have uploaded games from, though several opponents, such as Hielco and MTinsley, made clear that i needn't have asked them. But I always felt it was a matter of courtesy rather than something there should be rules about.
*If I am playing against someone that is banned from the site, or that is engaging in abusive chat,stalling or deliberate disconnects, then I would put the whole game up online (if I could be bothered, and if the game was not awful, which it often would be ) without any thought to their 'secret setup' or feelings about such things, and I would be very amazed if the MT intervened after such a player objected.