IANAL either, but launching totally bogus lawsuits, without a shred of justification, in the hope of overwhelming defendants without the financial resources to defend them, is a legally risky strategy – there is a risk of disbarment, or even criminal prosecution, for lawyers who engage in such behaviour (see the Prenda Law case). A lawyer can get away with making flimsy arguments, but a lawyer who knowingly makes arguments totally ungrounded in law or fact is risking their own career.
In agreement with the pragmatic implications, but I still genuinely struggle to see the point. The financial constraints of legal defense is what strikes me as the killer of non-commercial hobby projects if the hypothetical scenario would arise; with or without appropriate licensing terms, there's really nothing to stop an original project with the financial means and intent from issuing a DMCA takedown and outspending an unfunded project in legal maneuvering. IANAL but at least it sure does feel that way in my limited experience.