You're correct. If the merchant has the EMV reader but the bank card only has a mag stripe the bank eats any fraud, period. The merchant is completely off the hook.
What happens if the reader is an EMV one but the fake bank card looks like it has a chip and it was swiped instead of using the chip? I have a debit card with the chip but I can still swipe it at the hybrid terminals. Who owns liability in that case?
Once I used my chip cards in a reader in the US, and was told, "this is a chip card, please insert it into the bottom" so there's definitely a bit that can be set in the magstripe to tell the PoS that a chip should be available in case you clone just the magstripe.
