IANAL, and my limited legal knowledge is not of US law.
However, if you have copyrights which are of vast economic significance, to a very large number of copyrighted works, it seems unlikely that the law would would deprive you of all of that due to your suing someone for infringement. That seems highly disproportionate.
Now, don't get me wrong, I have no sympathies for the MPAA, but are you sure you're not overstating the effect of a "misuse of copyright" finding (regardless of the odds of such a finding being made)?
In Lasercomb v. Reynolds, and Practice Management Information v. American Medical Association the existence of an abusive licensing agreement allowed third parties to simply violate the copyright.
So, assuming misuse of copyright was found, precedent suggests the copyrights that were being misused would be rendered unenforceable.
A case finding that bad faith DMCA take downs amounted to misuse of copyright would be setting a new legal precedent, but, based on the facts in multiple recent DMCA takedowns, such a finding wouldn't be a huge logical leap.
The "copyrights that were being misused" seems to suggest specific copyrights. Is there precedent for voiding the copyright on Millions of works? Or even - multiple works whose individual copyright was not used specifically?
However, if you have copyrights which are of vast economic significance, to a very large number of copyrighted works, it seems unlikely that the law would would deprive you of all of that due to your suing someone for infringement. That seems highly disproportionate.
Now, don't get me wrong, I have no sympathies for the MPAA, but are you sure you're not overstating the effect of a "misuse of copyright" finding (regardless of the odds of such a finding being made)?