# Epic and Microsoft issue DMCA takedowns against AI game clones while using AI internally

Digest AI · Policy & Regulation · published 2026-10-27T11:34:00Z

Canonical: https://digestai.news/story/epic-and-microsoft-issue-dmca-takedowns-against-ai-game-clones-while-u

## Summary

Epic Games and Microsoft sent DMCA takedown notices to browser-based recreations of their games, including Fortnite, Minecraft, Call of Duty, and Halo, according to a report by Kotaku on October 26, 2026. The actions target AI-assisted reproductions of smaller studio titles like *Slay the Spire 2*, *Celeste*, and *RimWorld*, though the exact number of notices and their status remain unverified. Both companies also acknowledged using AI tools in their own development, creating a visible contrast between their enforcement stance and internal practices, which has drawn scrutiny from developers and legal observers alike.

Tim Sweeney, Epic’s founder, clarified the company’s position in an October 27 X post. He emphasized that Epic prohibits unauthorized use of its intellectual property without permission or compensation. Sweeney also noted that while Epic’s current End User License Agreement (EULA) restricts AI training on Unreal Engine outputs and MetaHuman, the company is working to remove those restrictions. He disputed the idea that all AI training inherently constitutes theft, citing the *Bartz v. Anthropic* ruling, which distinguished between transformative fair use (e.g., training on copyrighted books) and unauthorized piracy. The ruling did not create a universal safe harbor for AI training, and the law remains fact-specific. Meanwhile, the enforcement gap disproportionately affects indie developers, who lack the resources to challenge takedowns or navigate legal hurdles. The industry now faces the question of whether companies leveraging AI for competitive advantage will apply the same rigorous standards to their own pipelines.

## Key points

- Epic and Microsoft issued DMCA takedowns against AI-generated browser recreations of their games, including Fortnite, Minecraft, and Call of Duty
- Smaller studios like *Slay the Spire 2* and *Celeste* are also affected by AI-assisted unauthorized reproductions, per Kotaku’s report
- Tim Sweeney clarified Epic’s stance: AI training on Unreal Engine outputs is restricted but may be revised, and fair use remains fact-specific

## Why it matters

The takedowns highlight a growing tension between AI-assisted reproduction and IP enforcement, exposing inconsistencies in how large publishers and indie developers are treated. The debate over fair use and AI training could reshape copyright law, with implications for developers and content creators alike.

## Sources

1. [Epic and Microsoft Target AI Game Clones While Using AI](https://gadgetreview.com/epic-and-microsoft-target-ai-game-clones-while-using-ai) (gadgetreview.com, 2026-10-27)

## Cite

Digest AI, "Epic and Microsoft issue DMCA takedowns against AI game clones while using AI internally", 27 October 2026, https://digestai.news/story/epic-and-microsoft-issue-dmca-takedowns-against-ai-game-clones-while-u

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