> The problem with the DMCA is that if the claimant disagrees with your counter notice, the content stays offline until a lawsuit is fought out over the contents of the post.

Not quite. The obligation of the service provider when they receive a counter-notice is to inform the person who filed the original notice, and give them 10-14 days to file a court order to block the content. If they don't get that court order in that time, the service provider must put the content back up or risk losing their DMCA safe harbor.

https://www.law.cornell.edu/uscode/text/17/512