An identical sound means its a theft. That’s not the issue “we” or “I” am talking about. The issue with the games getting sued is, because they are similar. There is no audio, graphic or code being identical. It’s more like, if the music sounds similar, then you can sue someone.

Edit: Off course the situation with the “beat” being identical is petty and probably not under copyright anyway. I don’t think you can copyright a “beat”.