As he explained, he would have been more than happy to bleep those 3 seconds in the first place if that was the policy. But as he pointed out, the policy only gives more severe examples than what was contained in his video. The point is that there should have been a realistic way for him to know it would break policy.
In this case, the damage is done. He slaved away for months on this video only to have lost thousands of dollars in ad revenue that can’t be recovered.
What will end up happening is most big US websites will just relocate to Europe, or another country without such liability.