By "games", you mean plural/multiple games, that have their first initial release after the release of the PS5 Pro, and not like Cyberpunk 2077 which didn't recieve a patch?
Please go ahead and mention what those games are, because they clearly are breaking first party rules and I'm clearly oblivious to them. Sony can knock them off the store or even pull back physical skus from stores if they have a physical release.
But yes, really, it is a first party mandatory rule for both, Microsoft and Sony, for any developer or publisher, should they ship their game, it should be PS5 Pro enhanced (after the release of the PS5 Pro) and Xbox Series S Optimized (meaning the code should be using the native Scarlett API that is used for the Series X too and not the Durango one that is used for the Xbone generation of consoles, aka backwards compatibility).