AFAIK there are barely any successful counterclaims, but there are huge numbers of counterclaims. Basically bots post the material, it gets flagged, the bot submits the counterclaim, and the original bot rejects it. Having the account locked isn’t a big deal for the bot, it only had that one video on it. The problem is that solution doesn’t generalize to legitimate accounts run by real people, which is why YouTube is currently screwing them.
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More to the point, these aren’t DMCA takedowns. They’re systems built by YouTube to avoid the need for DMCA takedowns. As such, you don’t have legal rights to fight the takedown. It’s all in the EULA. There’s a system built to make it seem like you have an option, but it’s mostly a smoke screen over the industry’s take down bot farms.
If it is mostly infringement bots fighting takedown bots, that actually says that a system of requiring human review after a set of successful counterclaims might work. That would allow the automation to handle the bot fight while preventing known targets of bad behavior to not have to lose their channel regularly.
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And they should apply the same penalty to any such pseudo-DMCA takedown systems.
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