This was my parsing of the article as well. The video could be viewed as being either a "commentary" or a "criticism" or both. The continuation "and copyright law explicitly..." is reinforcing that author's belief that this is the case.
All this is very different from declaring "I'm producing a work of commentary or criticism and therefore I can do anything I want with whatever I find, even if the point I'm making relates to something else entirely."
That's just a rookie move. Rupert Murdoch really was right about Romney needing to "drop old friends from team and hire some real pros."