It's seems just like a poor choice of words and semantic argument around the term "violate". Fair use is an affirmative defense — you concede you did this thing that would be illegal if not for this other extenuating information/circumstance. This is similar to claiming self-defense in a murder case — yes I killed that person, but it's not murder since I can show it was self-defense.

In this case it would be 'yes, I used this copyrighted work in a way that would be infringement were it not a fair use, but here's why it's fair-use.'