The uploader hasn't breached a contract under the current system. Copyright law makes contractual agreement unnecessary to the copyright holder. In essence, contractual terms are forced on everyone within the jurisdiction of copyright law regardless of any agreement by the parties to this so-called contract other than the copyright holder. In fact, even the copyright holder hasn't had a chance to determine whether or not agreeing to contractual terms is a good idea: he or she must explicitly declare relinquishment of "contractual" benefits to refuse the contract's terms, and the only means for negotiation of stronger benefits is a lawsuit.

There are not contracts that stand up in court under those circumstances. There clearly is no real contract here -- where "contract" assumes "agreement".