Magazines and newspapers
From time to time, magazines and newspapers publish infringing articles. It happens, despite the research they perform. What do they do? They publish retractions. Can't take the material down once it's printed. At least You Tube can (and apparently does) do that. Magazines and newspapers have ads all over the place. They're profiting from the publication of this infringing material. If You Tube/Google wants to win, they need to use this argument.