Anyone doing that could be in serious trouble. These are ads that cost millions and millions of dollars to make. It’s not standard practice to just steal shit from whatever you can get it. You get sued that way. It happens, sure, but it’s not correct professional behavior. “Don’t rip off union musicians to save $1800.” is sort of a rule.
I'm fully aware my wild theory implies someone risking lawsuit, etc...the premise is that the game is so obscure, someone somewhere, thought they could get away with ripping it off, therefore the tune making it into this pool of music. In this scenario, this big million dollar commercial wouldn't have a clue about ripping off anything, they are just hiring out some music for their commercial.
While, I agree it's more likely Shapeshifter borrowed the tune or even helped themselves to it, it would be fun to find out if in fact Shapeshifter WAS the original source - in that vein, i'm sticking with my wild tale of ad musician conspiracy.