So do the DMCA notice spammers. Seriously, start going through some of those huge notices with hundreds of URLs to remove that get sent to Google. People get pretty careless and DMCA random stuff they shouldn't.
The sad thing is that I have had no trouble identifying which items are wrongly included merely by spending a few minutes skimming the list of URLs and taking a quick look at the questionable URLs, because many of the people who create DMCA spam notices do shoddy work.
I'd be okay with even more strict infringement penalties only if there were large fines and sanctions for misusing the DMCA process. Currently, the only way to get in trouble is for issuing takedowns in bad faith, which is almost impossible to prove in court.
See for instance how easy it is for a random idiot to get a YouTube video pulled.
It doesn't need to be "Oops, we fucked up, oh well, we're cool right?"
It needs to be "Oops, we fucked up, now we are out $1M or so, p.s., guy who drafts the notices, you're fired"