Who designs and implements the automated takedown system? YouTube
Who enters content into the automated system such that it becomes a claim of copyright infringement and a takedown request? The content owner
You are saying that you recall reading that submitting content through something like YouTube's system will never meet the bar of "knowingly and materially" misrepresenting a claim? I doubt it.
How about this scenario:
Litigation reveals this email from the CEO - "Watch this guys, I totally don't own this clip and I know I don't own this clip but I'm going to submit it through Content ID anyway and get every hit taken down immediately"
Who designs and implements the automated takedown system? YouTube
Who enters content into the automated system such that it becomes a claim of copyright infringement and a takedown request? The content owner
You are saying that you recall reading that submitting content through something like YouTube's system will never meet the bar of "knowingly and materially" misrepresenting a claim? I doubt it.
How about this scenario: Litigation reveals this email from the CEO - "Watch this guys, I totally don't own this clip and I know I don't own this clip but I'm going to submit it through Content ID anyway and get every hit taken down immediately"