Earlier quoted context omitted.
Retroactively in terms of previous installs or in terms of already published games?
It applies to new installs (from 01/24) of all games, regardless of when they were published.
put new installs are not newly published products, i.e. they don't involve the publisher bundling in a new version of unity they got from the vendor
so while the installs are new the contract between the producer publisher distributor unity is not
which means it's uniliteraly retroactively changing a contract
which sounds like very much not very legal
if you consider that the other contract partner is somewhat dependent on unity (switching is expensive) it might also involve other laws not necessary racketeering but something in that direction
and while unity might be able to terminate the contract with the publisher (by their lawyers sending them a letter, not automatic) this is between the publisher and them i.e. it shouldn't affect already sold products
but they explicitly want additional fees from distributor or publishers for _already sold products they have no control over_ which is just tbh. ridiculous
and even if it only affects newly sold products it's still affecting already produced product retroactively which still is highly questionable