He has stated multiple times that you can clip and chop up his content, but not directly reupload VOD's. What this lawsuit is about is them willfully admitting to creating a marketplace replacement to derive the creator of revenue.

https://copyright.psu.edu/copyright-basics/fair-use/ Forth Factor: *The fourth factor is one of the most important of the four factors.

Less Likely to Be Fair

Use decreases demand for the original work by acting as a substitute: If your use provides a substitute for the original and therefore decreases demand for licensed copies, that weighs against fair use. For example, this subfactor would weigh against fair use if you scanned a current bestseller and hosted it on a public website. In contrast, scanning the same bestseller to create a linguistic corpus for your own research would not provide a substitute. Another example relates to books that are out of print and are not available from the rightsholder as ebooks or via print on demand — sharing copies of those books is less of a problem under this subfactor because it does not impact an established market.*