You can call a spade an apple but it doesn't make it an apple. In order to have a DMCA counter notice there needs to be a DMCA notice. Their complaint is that

You can call a spade an apple but it doesn't make it an apple. In order to have a DMCA counter notice there needs to be a DMCA notice. Their complaint is that there never was a DMCA notice so its not responsible to apply a counter notice policy as you are not countering a notice.