This article seems a bit misguided to me. Fair Use is something that YouTube cannot really judge for itself; instead, it's something that a court must decide, b

This article seems a bit misguided to me. Fair Use is something that YouTube cannot really judge for itself; instead, it's something that a court must decide, because it's often not clear cut. The courts must think about the context and how exactly the content is being used. This must be done on a case-by-case basis. Fair use is effectively a legal defense that one could use if they were sued for copyright infringement. With or without Content ID, content owners could file DMCA takedown requests against people who upload their content, fair use or not. And in those cases, it's still up to the courts to decide if a particular usage is fair use or not. Ultimately, if the EFF wants this stuff fixed, I think it should focus its attention more on the laws themselves, and not the companies who are required to implement them.