Yes, it does, both indirectly, as fair use is an example of using copyrighted material and this is another one, and directly, because categorizing a use as fair use involves the commercial impact of the use.

You really ought to read the wikipedia page. Fair use does not allow you to consume copyrighted material. Fair use allows:

>commentary, search engines, criticism, parody, news reporting, research, and scholarship.

I'm not saying it's fair use. It isn't. The premise behind my comment relates to the underlying morality behind fair use, which doesn't involve obedience to the law.