Distillation may not be an attack, but it is a ToS violation and could be seen as IP theft.
Any reasonable company would be pissed if a competitor, especially at Ali Baba's size, leveraged that company's R&D to compete. It is in this sense, a corporate attack.
If you want to roll your eyes at distillation concerns, you might need to excuse Anthropic for originally using pirated material to train their models.