Sure, you can probably clone it - I’m not 100% sure, but I think laws protect that as long as it’s private use.
You can also fork it on GitHub, that’s something you agree to in the GitHub ToS - though I think you’re not allowed to push any modifications if the license doesn’t allow it?
Straight up taking the content from GitHub, uploading it to your own servers, and letting people grab a copy from there? That’s redistribution, and is something that needs to be permitted by the license. It doesn’t matter if it’s git or something else, in the end that’s just a way to host potentially copyrighted material.
Though if you have some reference on why this is not the case, I’d love to see it - but I’m not gonna take a claim that “that’s very much a part of most git flows”.
If the quote is accurate, he went a step further and put pirated games on the devices. Even if pirating the game is legal in some way (he owns it legitimately so putting a copy is fine or something), sending such devices out to customers then means he’s also distributing pirated games.
That said, somebody in the comments claimed he didn’t distribute games, but rather software that made it easy to pirate games - I don’t know what the precedent is for that being considered illegal, but it does call the original claims into question.