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Yeah you've stumbled upon a bit of a tricky situation here. IMO it would come down to your interpretation. I'm personally tempted to edge towards being harsher on those who didn't properly look up their actions before posting and clearly Box posted actions with the idea in mind that the Counter would fail so if it were me I would err towards that possibility. As I said though it is ultimately your decision.
Just a word to the wise: when you ref a battle, it's generally a good idea to wait until you have both battlers' teams before posting the battle thread.