The CC licenses should probably be adjusted to make a DMCA attempt a permanent revocation of license. That way DMCAs can flow in the opposite direction and people can learn things.
Maybe there’s a case for a consortium of open-source projects that can pool its resources and serve as an insurance policy to fight back against license violations or malicious/stupid DMCA takedowns.
Open source projects should have a kind of union of their own. Then again I wonder if it would ever be possible because corporate money has became a key donation source and in many cases many OS projects themselves have become corporatized.
https://en.m.wikipedia.org/wiki/Software_Freedom_Law_Center
https://en.m.wikipedia.org/wiki/Software_Freedom_Conservancy
> If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.