Going by the article you linked, game cloning runs into problems, including the EULA and potentially for copying information. Copyright cases also consider whether the potentially infringing text replaces the original in the market, which is another problem for cloning games.
Training models, as a concept, isn't necessarily IP theft, but in practice has involved quite a bit of IP theft. Anthropic itself has come under fire for pirating books and scraping Reddit after agreeing not to scrape Reddit.