I completely disagree with you, and it shows you know little of what lawyers actually do for a living.
What lawyers do to is irrelevant to me, and wasn't what I was speaking of to begin with. What is relevant, however, is the DMCA, and what happens to your safe harbor status if you don't abide by DMCA takedowns.
The point of the DMCA was to make it more expensive for the copyright violators than it was for those who were trying to enforce copyright laws in the first place.
No, that's a *bad* thing. Just because 'justice' is expensive doesn't mean we should make it easier for them to abuse their powers just so there can be more 'justice.' That's not how any truly free country should work. I'm sure police would find it easier to go after the 'bad guys' if we simply let them break into any house they pleased, but that would be bad even if they did catch more criminals. Why? In a civilized country, freedom is valued above safety. If this means more copyright violators get away, then that's perfectly acceptable. That's a much better result than letting them abuse DMCA takedowns.
So, in short, making it cheaper for copyright thugs is completely and utterly undesirable to me and anyone with a functioning brain.