Third parties rarely counter-claim, because they fear expensive and protracted legal battles; even when they do, it's usually post-disconnection, because ISPs don't like to look bad in the eyes of companies the size of Disney (with their array of mud-slinging lawyers) so they disconnect first and ask questions later.

You have a system that, de facto, introduces incentives for ISPs to disconnect, but no incentive for them to help an innocent third-party or even just carry out due diligence.