What will happen if someone reverse engineer a game, rewrite the code with AI but keep the same logic, and replace the art with AI, basically steal the whole game and sell it?

Legal Considerations

1. Reverse Engineering:
   • Reverse engineering is generally permissible under certain conditions, particularly for interoperability purposes. For example, in the case of Sega Enterprises v. Accolade, the court ruled that reverse engineering for compatibility was fair use, as long as no proprietary code was copied directly However, if the reverse engineering process involves circumventing copyright protections or utilizing proprietary elements, it could lead to legal repercussions.
2. Copyright and AI-Generated Content:
   • The legality of using AI-generated art in games is complex. While AI tools can produce artwork, the copyright status of such creations is still ambiguous. Courts have indicated that AI cannot hold copyright, meaning that the ownership of AI-generated content remains unclear This could lead to disputes if the generated art inadvertently resembles copyrighted materials.
3. Commercial Exploitation:
   • Selling a game that has been reverse engineered and modified raises additional legal issues. The Digital Millennium Copyright Act (DMCA) allows for some reverse engineering for interoperability but does not provide a blanket exemption for commercial use of derived works If the new game closely resembles the original in terms of gameplay and mechanics, it could be deemed a derivative work, which would require permission from the original copyright holder.

Risks Involved

• Potential Lawsuits: The original developers may pursue legal action for copyright infringement if they believe their intellectual property has been misappropriated. This could include claims based on both the code and any artistic elements that were replicated or closely imitated.
• Fair Use Defense: While there are arguments for fair use—such as transformative use—this defense can be complicated and context-dependent. Factors like commercial intent and market impact will be scrutinized in court
• Ethical Considerations: Beyond legal ramifications, there are ethical considerations regarding the use of AI in creative works, especially when it involves repurposing existing intellectual property without consent.

Conclusion