No snark, but what's wrong with the DMCA? From what I understand it, they took the idea that it's infeasible for a site to take full liability for user-generated copyright infringement (so they granted them safe harbor), but that they will be liable if they ignore take down notices.
"Thanks to fair use, you have a legal right to use copyrighted material without permission or payment. But thanks to Section 1201, you do not have the right to break any digital locks that might prevent you from engaging in that fair use. And this, in turn, has had a host of unintended consequences, such as impeding the right to repair."
The biggest problem with it, AFAICT, is that it allows anyone who claims to hold a copyright to maliciously take down material they don't like by filing a DMCA notice. Companies receiving these notices have to follow a process to reinstate material that was falsely claimed, so many times they don't bother. There's no mechanism to punish companies that abuse this.
