Whatever criteria the author is free to cite (and that is a subject you don't seem too familiar with)... The author didn't cite it. Someone can't go back and say "I'm going to release this under, uh, this rationale because I'm guessing maybe thats what the author wants." If you are the author of something, then only you have the right to authorize its use or release it to the public. Its quite simple.
You seem to think fair use is a blanket excuse for using non-free content. Under the law, you might be correct. Under the WMF rules for EDPs, and the en.Wikipedia EDP... That is wrong. Its wrong now, its been wrong for awhile, and it will continue to be wrong for awhile longer. If you disagree, try to get the policy changed. Arguing that the policy is something other than what it actually is... Well, its a waste of your time and ours.