If anyone is interested in solving the problem Lightning has, that a non-attacker risks getting stuck with the full payment as penalty, it is quite easy to do so. The 2-phase commit (either the one that cancels on timeout that Lightning uses or the one that finishes on timeout that is equally good) cannot be used to do slow acting penalty (so the penalty always has to be the full payment) but a 3-phase commit that combines both can be used - since either 2-phase commit variant penalizes only one phase but they penalize opposite phases, so combining them allows every step to have a penalty, and therefore the continuous timeouts for slow-acting penalty can be used without being vulnerable to DoS (normally quick timeouts are what fix DoS, but here you use penalty-only instead).