
Microsoft and Epic Games suddenly agree that AI is theft
The last four weeks have been something of a wake-up call for the video game industry. You’ve read the headlines, so you now know the story: AI advancements led by Claude Opus 5.5 have transformed the world of coding on its axis. Decompilations that previously took months or even years are now done daily, and publishers can no longer keep up with the deluge of ambient-coded browser ports and “native” PC recompilations.
I’ve been covering and researching this topic over the past month, and there’s one recurring topic that keeps coming up in every comments section I read: karma. For many, this is the games industry’s “you reap what you sow” moment, proof that the AI tools that many publishers have openly admitted to using are a double-edged sword.
This is a delicate subject to discuss, because it is accompanied by many prejudices. For example, where the PlayStation emulation scene is concernedmany see it as revenge for Sony’s decision to remove physical media. Nintendo maintained a majority ambivalent position on generative AI, but some consider the explosion of ambiently coded recomps as punishment for the contentious history of the company.
However, there is a less ambiguous side to this discussion that I want to address much more: hypocrisy. Many publishers happily and very publicly announce their use of AI to develop games, but two specific publishers are also trying to get their share of the pie in this regard: Microsoft and Epic Games.
Hundreds of DMCA notices have been issued by companies in response to the recent flood of AI-based reposts. Indie games are the main targets, with takedown notices for open source versions of Mega Crit’s. Kill the Arrow 2Maddy plays games Celestialand Ludeon Studios RimWorld all present in GitHub’s DMCA logs over the past four weeks.
These three examples are important to note because they are unimpeachable victims of vibe-coding: games that feature no generative AI content, but were open sourced against the wishes of their developers.
On the other hand, Epic Games has issued a DMCA notice against a mood-encoded browser port of Fortnite on October 10, and Microsoft issued multiple DMCA Notice for Minecraft, Call of DutyAnd Halo-related web browser ports in the last month. I could fill this article with dozens of examples of Microsoft and Epic Games’ love of AI, but here are two: Epic Games’ ambiance-coded shitshow of a launcher launched on October 14, and the simple existence of Microsoft’s Copilot.
Epic Games has scrapped a recent project that allowed Fortnite (leisure) to be playable via a web browser.
They also have DMCA (copyright) on almost all articles featuring it LMFAOO pic.twitter.com/7lSK4QksBk
— Backers (@BackersGamesF) October 14, 2026
Here’s a funny quote from Tim Sweeney in an interview with PC gamer: “It’s unfortunate that so many early-stage AI companies have had such crappy practices, you know, like one of them was found in court for going to a BitTorrent site and downloading terabytes of data. It’s ridiculous, they shouldn’t be doing that.”
There is an interesting use of the past tense here; AI companies had “such shitty practices”, not to have. It’s almost as if he thought that this stolen data had been erased and would not be used recursively to continue training AI models or something. But AI is still built on theft, and no major AI company has yet been forced to engage in model disgorgement, a legal recourse that requires AI companies to remove any models built on stolen data.
Also note that Sweeney neglects to mention the exact AI company he is referring to; it simply says that “one of them” turned out to have used “a BitTorrent site” to train. As PC gamer Notes, Epic artists use both Google Gemini’s Nano Banana and OpenAI’s GPT Image. Both Google Gemini And OpenAI are involved in ongoing lawsuits alleging the harvesting of materials from piracy sites.
However, PC gamer The interview with Sweeney is from June 2026. Let’s give Epic the benefit of the doubt and assume they moved to an AI model that wasn’t built on stolen data. According to an October 12 report from Bloombergthe next “AI first” from Epic Games The Disney/Marvel game will be developed with Claude from Anthropic. In September 2025, Anthropic agreed to pay $1.5 billion to train its models using illegally obtained data from BitTorrent. However, even though Anthropic was forced to delete the stolen data, it was not forced to delete or rework the models it had trained on said data.
Meanwhile, Epic Games Terms of use specifically states that you “may not (…) use code or content extracted from the Licensed Products as training input for any generative AI program or as prompt-based input when the generative AI program is training on input data.” » It seems that Epic Games is happy to use AI models trained on stolen data, but it is not happy with anyone else training AI models on that data. their thing.
And now, let’s move on to Microsoft – and honestly, where do we start here? Probably with the 80 billion dollars per year, the company commits to building AI data centers. I guess this sum explains why Activision simply had to use AI to generate in-game artwork for both Call of Duty: Black Ops 6 And Call of Duty: Black Ops 7. After all, if they didn’t save pennies by generating AI garbage, how would Microsoft shareholders know they were getting value for money?
Speaking of Call of Dutydid you notice how many vibe-coded Cod web ports have been erased from the Internet via DMCA any reviews over the last month? I count at least six. To be fair, Xbox CEO Asha Sharma said the company “remains committed” to “being responsible stewards of intellectual property.” in its Xbox Labs announcement on October 13so I guess we shouldn’t be surprised.
Today we are hosting XBOX LABS (https://t.co/wzXPNnCmI6). Here is the note I sent to the team:
Team,
The first video games appeared around 75 years ago. Since then, there have been ups and downs, but every year there are more and more great games to play, more and more devices to…— ASHA (@asha_shar) October 13, 2026
But let’s be honest for a moment: “being responsible stewards of intellectual property” is not Microsoft’s modus operandi. “Responsible” is just a nice buzzword to use here, because it implies that the company also cares about the intellectual property of others. It’s funny, considering that at the time, Microsoft’s senior product manager suggested users use a “well-known dataset”:all seven Harry Potter books—to “generate new Harry Potter fanfiction. »
However, this is only a one-off example. It’s not like Brent Hecht, Microsoft’s director of applied sciences, said that Internet scraping by LLMs represented “the greatest theft of labor in human history” or anything, right? In case you didn’t know, The New York Times is currently suing Microsoft and OpenAI, and Hecht’s comments were obtained during the discovery. “Millions of people around the world will soon view top models ‘hoovering up’ all their work as an astonishing theft of unprecedented proportions,” Hecht said. “Almost no one intends to use the content they created in this way, nor do they get paid for their use.”
There’s also a humorous and depressing quote, straight from Microsoft’s internal communications: a warning that generative AI could “significantly disrupt the employment of the very people who generated the data on which the base model was trained.”
“Our AI content strategy has triggered a ‘doom loop’ that will harm the performance of our models and the entire web at the same time,” another internal Microsoft memo states. “It is very unusual for an end product to threaten the economic foundations of its critical suppliers, but this is the situation we have created for our LLM business as it relates to its ‘content supply chain’.
Did you also know that Microsoft Chairman and CEO Satya Nadella, along with Vice Chairman and President Brad Smith, have suddenly become very concerned about stricter AI regulations over the past month? Brad thinks it’s worrying that “your washing machine is subject to more safety regulations than AI”, and Nadella believes now that an “authorized person” should be able to “pause or stop a model mid-task”. Are these quotes related to web browser ports of Microsoft IPs? Not specifically, but it’s awfully funny that they’re changing their minds now that AI allows people to commit intellectual property theft. But I guess it’s okay when they do!
Let me be clear: I don’t think it should be legal for you to encode the ports of Fortnite And Call of Dutyand I am certainly not against better regulation of AI. While I enjoy seeing them get a taste of their own medicine, I don’t advise you to rip off the big bodies.
I’m not asking you to “leave this billionaire company alone”: to be frank, I don’t care if the profit margins of Microsoft and Epic Games fall. But AI’s ability to recompile games doesn’t hurt the big guys; It hurts independent games. AAA publishers can get away with hiring lawyers again and again, but for independent developers who self-publish their own games, such efforts would burn a significant hole in the company’s account.
I would be a hypocrite if I argued in favor of ambiance-coded theft, which hurts independent developers more than billion dollar companies. This article does not defend Microsoft and Epic Games; it’s to support Mega Crit, Maddy Makes Games, Ludeon Studios, and all the indie developers who are suddenly too scared to release their demos on Steam. You have not invested in the flying machine. You didn’t use AI to cut corners. You don’t agree with that. You have my sympathy.
Gn tech