Nobody is punished because the DMCA claim/counterclaim process gives them a chance to back out of the claim before it goes to court. And the word is that if it does go to court, proving that they willfully and intentionally misrepresented their ownership of the material under question is a very high bar; it would probably require some internal memo with content approximating "We know we don't own X but let's issue a DMCA against Y for hosting X anyways."
