With the amount of Claudish on the internet now, and in source code repositories (how many Claudish README.mds have you seen?), you don't have to make a single API call to end up with a model that talks like Claude.

And critically, like contracts in general, Anthropic's terms of service is only binding upon the user/counterparty. So even if a company say specifically sought out 'claude-like' content, and claude code traces available on the internet, if they don't use the Anthropic platform there is no ToS claim.