I don't disagree with you about that being a danger - but I don't think that the solution to bad faith operators in copyright is to bring the system down any more than I believe it to be the answer in patent law.
I think that the system desperately needs to more actively punish those who abuse the legal system.
If a case is found to be frivolous I belief that the plaintiff should have to pay both fines and damages. The plaintiff's lawyers should also be punished - warnings, fines and eventual disbarment.
I'd prefer it if it didn't to come to that, and they lack the budget to do all that needs to be done, the system simply lacks enough good operators to act as a counterpoint to those operating in bad faith.
I think when you need that counterpoint at all, it's the system as a whole that needs to change.
But this is getting way off topic.
I think that the system desperately needs to more actively punish those who abuse the legal system.
If a case is found to be frivolous I belief that the plaintiff should have to pay both fines and damages. The plaintiff's lawyers should also be punished - warnings, fines and eventual disbarment.