No, it isn't. It's pretending that "no comment" means something it doesn't. Just because you want it to mean "yes"
doesn't mean it means that. It means "we are not going to comment on this, because we have a sane legal department and we're not going to give you any information one way or another".
If you think "no comment" means either yes or no, you're pretending to know something you don't, and you should absolutely stop and go "wait, why am I lying to myself? And why am I believing my own lie?"