I didn't think either was fair use. I think fair use applies to the utilization not the acquisition of. For example if I bought a movie and I used it with the i

I didn't think either was fair use. I think fair use applies to the utilization not the acquisition of. For example if I bought a movie and I used it with the intention to discuss it with clips, I can recode it because I physically own the medium. The fair use chimes in when the clips are in use. However when I download something with a tool from Google (YouTube) I'm violating their ToS. I might also be violating something in the middle that opens up some legal issues. So when you go to use a video only for fair use, you should ask the poster or the source for an unencrypted one. Also they should do the responsible thing and provide it.