If the EFF is motivated to reach out to the original DMCA recipient, then they could definitely present this avenue. That leads us to the next question, is the original DMCA recipient interested in pursuing a (now funded) defense? If not, are they interested in handing it off to someone else? Who? Would that person be an effective defendant?
Really, what we are doing here is speculating on one person's level of disinterest in pursuing the legal defense of their work.
What about a DAO specifically built for that purpose exclusively?
Just looking how to fuck back those lawyers