The point is that they don't have any offending material. They have links, and/or hashes; neither of which can possibly be considered 'offensive' under the current state of DMCA precedent.

If the laws of their country change in a way that forces them to comply with the DMCA as it is, they're still not infringing. That they aren't obligated to comply with the DMCA as it sits is kind of irrelevant to the conversation, considering the follow-on point is also true.