I did a test yesterday... follow along with me if you please.
Go to the front page of Zango:
http://www.zango.com
Click on PLAY on any of the videos. This will pop up the new screen with the disclosure.
Now, notice two very important things: the "PLAY" button (which is actually "I agree to these terms and want to download your scumware") is located at the top of the screen...
AND THE CONFIRMATION TICK BOX IS PRE-TICKED AT THE BOTTOM OF THE PAGE.
We all know what dumb surfers do... click play again to see the damn video! They don't read down the page, and they certainly won't take the time to tick the box... they don't have to! The default setting for Zango is "accepting" and the layout is made to specifically default to acceptance.
Hello FTC! Zango is still screwing people!