But the point is that this is true only for reusers in USA. We have much weaker fair practice provisions in the Czech copyright law in comparison with the US fair use. Therefore, the attempted EDP of the Czech Wikipedia requires _both_ fair use acceptability, _and_ a (non-free) license for the Czech Wikipedia. US reusers can still call fair use, Czech reusers have never had that option (and won't have).
Is that required? Just because the website is written in Czech doesn't make it fall under Czech jurisdiction. It's still hosted in the US, so isn't US copyright law what matters? Czech law would apply to Czech reusers, but you're saying this EDP isn't intended for them, so what point does it serve?
PS Unless it's Czech uploaders than fall under Czech jurisdiction. Is the explicit permission meant to protect them, rather than WMF?