I think you've got the wrong balance. Copyright claimant should get their X back if there is no counter notice OR if a lawsuit is filed. (if the file a lawsuit

I think you've got the wrong balance. Copyright claimant should get their X back if there is no counter notice OR if a lawsuit is filed. (if the file a lawsuit that's enough cost to them). Accused should always get their funds back plus half of the alleged's fees if a lawsuit isn't filed, but they're sent back to the contact information set in the counter-notice-- so they are incentivized to make that information accurate. $X should also be substantial, at least equivalent to the cost of bringing a lawsuit. $Y should be nominal, just to discourage providing false information.