The real problem is that misuse is not followed by ruinously high penalty. False claims should result in statutory damages of tens thousands per claim. That is the way to prevent misuse.

A lot of the problem with DMCA is how its been implemented by companies. There is a provision in the original law making it a crime to make false claims, but organisations like Youtube don't bother to make it even possible to counter claim in that way and trigger that side of the law. Everyone seems to have forgotten it was even part of it, I have never seen it enforced.

My personal website: https://purpleidea.com/ has been DMCA'ed by some scammer and I still haven't gotten it back out. Google ignores the counter notices, and who knows where else the scammer (masquerading as a legitimate takedown company) has sent notices. Bing and DDG (same basically) have all delisted it.