The linked post isn't clear whether it's a copied xap or just another app with the same name. Apps with identical names have always been allowed (the "real" name of the app as far as WP8 and the store is concerned is a GUID)
Same app name same app picture same app functionality is misleading whether its allowed or not. The intent seems clear, if you have the ability to create an app, why isn't there a unique name and icon for it, this is the easiest part. This is the same as buying a knock off coach purse for the wife.....try that one time.....