You can’t “counter-sue” for misuse of copyright, nor is it a “normal punishment.” It’s a defence you can use to avoid liability when someone else sues you, and an exceptional one at that [1]. As noted on Wikipedia, the court in Lasercomb [2] made it clear that copyright misuse does not render the copyright permanently unenforceable:

> This holding, of course, is not an invalidation of Lasercomb's copyright. Lasercomb is free to bring a suit for infringement once it has purged itself of the misuse.

[1] https://en.wikipedia.org/wiki/Copyright_misuse

[2] https://web.archive.org/web/20100516061057/http://bulk.resou...