Using a 10 second sequence that happens to be the same across multiple songs. Not knowing the exact details of the law, and thinking that reproductions of the song are also owned by him?
Having to listen to the full song (or, alternatively, not going after people who are just distributing ten second excerpts) and having to know the law before beating people with it don't seem unreasonable demands to me.
I'm pretty sure big media considers fair use an obscene concept, but I don't really see how is that relevant, since I didn't say ten seconds of a song should become fair use.
The problem are automated systems; the solution is just not to use one.