Yeah, but they're arguing a level higher than that. They're saying the security measures Apple is using are illegal. In that case, the DMCA is rendered irrelevant, right? You can't protect illegal protection schemes.
That's an interesting point. Now's a good time to say IANAL and I'm just speculating, but as I understand it they're not really arguing that Apple's security measures are illegal, but that their business practices are illegal; Apple is entitled to have whatever security they'd like. If that's true, then the DMCA violation would still stand.
