And that's because the DMCA lets Google exploit its position. It's still a DMCA problem until the DMCA is either repealed or fixed to produce a comprehensively good situation.
With intentional bias built into the system, Google gets favorable treatment on remuneration for the commercial copyrighted content that they host. The fix is a revision that revokes safe harbor protection when an accused party is disenfranchised by omission of the counter notice process.