They are talking about the Fair Use Protection Program, the money put into legal battle for specific cases that are selected based on the case/etc. They are not testing general Fair Use cases. https://www.eff.org/deeplinks/2015/11/youtube-backs-its-users-new-fair-use-protection-program …
Specifically, it's cases in which there could be specific precident set. It would come down to what precident could be set, how strong the case would be, etc.
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Regardless, my question had nothing to do with that (it was a deflection of the actual issue) and the copyright system in place favors the claimant over the creator. Point is, YouTube does in fact not care about Fair Use.
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