They did a good job of removing the cross hair from your pic.

(Yes, I realize they could have taken the pic themselves, but that's not part of the joke.)

Just look at it as free advertising for your levels, except they aren't telling people where to get the maps. 

Anybody can take a screenshot of a level and do what they want with it, just like anybody can take a photo of the Guggenheim and do what they want with it. It's fair use as long as the photo/screenshot isn't a suitable replacement of the original (that's why a photo of a painting is not copyright the photographer.)

In this case, however, it's obvious that they did not take their OWN screenshot of my level, but instead grabbed Aard's shot off of the cube website. This is the equivalent of stealing someone else's photograph of a publicly accessible building/locale -- the photo itself is still copyright the photographer.

So, this is copyright infringement, and it's Aard's copyright i guess. I doubt he cares that much, and i don't care a whole lot, either.

Bonus points for anyone who can recognize the original sources of: 1) the gun, and 2) the bad guys that get shot. 

probably they figured they would get in trouble if they pissed off a big powerful company. Better to steal from random individuals who don't have a team of lawyers ready to pounce on anything they don't like. 

They should have swiped a shot from metl1, it was better.

The fact that they misrepresented what game it is is more annoying than anything else. I can't imagine whomever-it-was-who-made-UT would be bothered by UT shots advertising this thing. They're probably too busy calculating the minimal amount of effort it will take to sell their next UT installment anyways. 

Hmm, that's really rather dodgy. It's also kinda funny.
I agree with you metl that taking a screenshot would not be infringement, but stealing a screenshot is. I also agree that it's not worth worrying about. But if it were a screenie of one of my maps, I'd feel a tad narked that people wouldn't know it was one of my maps. Exposure/credit is the only currency you get for a custom map. Bah, 'tis vanity on my part.
It is odd that the ad doesn't show anything from UT tho; isn't that going to mislead, or at least irritate the people their aiming at?
Oh I don't know. Maybe someone else will make more sense. 

your cube levels always had that ut3k rip-off feel 

Put the whole friggin' system on trial. 

[nt] 

I just find this very funny. I doubt you can make a case based on screenshots, this stuff happens all the time.

I am just curious how the hell the guy who made this got that screenshot. I mean if he was a clueless marketroid, how did he find cube? did he just search for random game images and find cube? unlikely somehow.