That would be a really, really annoying world, because people wouldn't threaten litigation, they would actually just start suing immediately. If you have only two choices: to not do anything and put yourself at risk, or start the expensive and time-consuming litigation process, the latter will be the "smart" move more often than not. Products and services would become more expensive, there would be fewer free things, there would be more weasel words and fucked up clauses in ToS, etc. Let's not go down that path.