Assets are copyrighted, are these not the same assets? Did one not take the assets of another or are these open source graphics and anyone is free to use them? If they can shut down a youtube video because some rando asshole DMCAs it for a few seconds of audio in the background I'm not sure why wholesale art ripping off wouldn't be justifiable?

Especially considering the point of DMCA is "TAKE DOWN ASK QUESTIONS LATER" (I hate DMCA, so I'm not saying I'm in favor of it, but it's odd that big players get to abuse this, and scammers get to abuse this (and maybe this is a scammer?) but people who apparently have their own art assets (assuming this isn't open) isn't allowed to use the same tools the big players use? I'm not talking about "a copy of a game".

Or is this a case where the ad uses graphics of one thing but the actual game doesn't use the same graphics?