There are two aspects to your question which are tangled together.
1. Can IP be encoded as a way of dodging the DMCA? a: no.
2. Will encoding the source material allow you to dodge DMCA trolls?
I think the answer is again no. The tradeoff in complexity isn't worth the marginal gains. Imagine not being able to browse the code on github, for example, since it's encoded.
A better response is to fight. If the DMCA has been abused, it's up to us to meet each claim with energy and on the same battlefield. It's tiring work, but this is the compromise America has reached circa 2017.
1. Can IP be encoded as a way of dodging the DMCA? a: no.
2. Will encoding the source material allow you to dodge DMCA trolls?
I think the answer is again no. The tradeoff in complexity isn't worth the marginal gains. Imagine not being able to browse the code on github, for example, since it's encoded.
A better response is to fight. If the DMCA has been abused, it's up to us to meet each claim with energy and on the same battlefield. It's tiring work, but this is the compromise America has reached circa 2017.