If Disney were designing the system, sure. If people who were interested in improving the system has their hands on it, there are a bunch of avenues available.

If Disney were designing the system, sure. If people who were interested in improving the system has their hands on it, there are a bunch of avenues available. You could choose to regulate eg a stipulated legal fee, you could choose to set a high bar for 'frivolous', you could choose to moderate the fees by taking into consideration relative or absolute income, or by compensating 'Lesser of two parties legal fee amounts'. It certainly seems appropriate that something like copyright litigation, which has statutory "civil" penalties in excess of the GDP of a medium-sized country, demands the judiciary branch extend some due process (including Gideon) to the unincorporated defendant.