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Unity has seemingly silently removed its GitHub repo that tracks ToS changes

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Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#21

Earlier quoted context omitted.

The problem is that they did it retroactively and they also added a per install/download fee. So if your game has 1mio installs you pad the install fee x 1 Million. Unreal has no install fee like this. “A 5% royalty is due only if you are distributing an off-the-shelf product that incorporates Unreal Engine code (such as a game). Provided that you notify us on time using the Release Form, you will only owe royalties…

> Those 27cents per install are a lot of money for those type of games and will even make some business models no longer feasible. Exactly. So if they did this in an upfront way, they would have said that starting with Unity 2024 there is this new cost structure. Then game devs can make informed choices if they want to build those types of games on the platform. This retroactive stuff is insane and I cannot figure ou…

>This retroactive stuff is insane and I cannot figure out how a company can make that type of move if they care about their users.

If I understand you correctly (I haven't really been following this), they changed the contract and are trying to retroactively collect license fees for installs done prior to the change in contract? I don't think this is legal. When you change a contract, it's on a go forward bases. It will be interesting to see how this plays out. It's definitely a money grab. If it's deemed illegal, i.e. fraud, I hope there is jail time. Gotta send a message.

Did Unity recently get acquired, new investors or new management?

Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#22
post #6

This could have been done in a much better fashion to achieve the long term desired outcome (more income) while also ensuring continued trust and transparency with their community. Simply, they could have not made this retroactive on existing released games. Rather just be clear that going forward, games build using the new Unity versions would have a per-installation fee. And they would slowly discontinue support fo…

I wonder just how much this change is geared at capturing value from what's already out there, i.e. the retroactivity is the point.

Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#23
post #12
post #8

Just a side thought related to this: can there be a community supported initiative to parse what TOS documents of different companies mean, and specifically, what to watch out for in each company's TOS vis-a-vis what is the norm in a certain industry? Right now, the "gotcha" power is entirely one-sided. A wiki-like approach towards documenting TOS might make the user better aware of what to really watch out for when…

I think what you're looking for is TOSDR (Terms of Service, Didn't Read): https://tosdr.org It's been going for several years and has very thorough analyses of various ToS, done by volunteers who are often legal professionals.

That's fantastic. Thank you.

If anyone is interested in supporting them, here's the link (so many clicks later!) https://opencollective.com/tosdr/donate

Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#25

Earlier quoted context omitted.

The problem is that they did it retroactively and they also added a per install/download fee. So if your game has 1mio installs you pad the install fee x 1 Million. Unreal has no install fee like this. “A 5% royalty is due only if you are distributing an off-the-shelf product that incorporates Unreal Engine code (such as a game). Provided that you notify us on time using the Release Form, you will only owe royalties…

> Those 27cents per install are a lot of money for those type of games and will even make some business models no longer feasible. Exactly. So if they did this in an upfront way, they would have said that starting with Unity 2024 there is this new cost structure. Then game devs can make informed choices if they want to build those types of games on the platform. This retroactive stuff is insane and I cannot figure ou…

They don't want developers choosing to target older Unity versions for their games, they want to milk cent they can out of their users.

Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#27
post #6

This could have been done in a much better fashion to achieve the long term desired outcome (more income) while also ensuring continued trust and transparency with their community. Simply, they could have not made this retroactive on existing released games. Rather just be clear that going forward, games build using the new Unity versions would have a per-installation fee. And they would slowly discontinue support fo…

I wonder just how much this change is geared at capturing value from what's already out there, i.e. the retroactivity is the point.

Most games on the Switch and Quest devices for sure. A lot of mobile games as well.

Over 1B games sold on the switch: https://www.gamespot.com/articles/1-billion-switch-games-hav...

We can assume at least one game per Quest was sold: https://www.roadtovr.com/quest-sales-20-million-retention-st...

Hard to figure out the mobile numbers.

Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#28
post #6

This could have been done in a much better fashion to achieve the long term desired outcome (more income) while also ensuring continued trust and transparency with their community. Simply, they could have not made this retroactive on existing released games. Rather just be clear that going forward, games build using the new Unity versions would have a per-installation fee. And they would slowly discontinue support fo…

> Simply, they could have not made this retroactive

How can they make this apply retroactively though? For already shipped titles, if I'm no longer providing updates anymore, how can they force me to pay money?

I'm aware that games no longer have a final shipping date, with early access and all, and as a dev I'd likely would want to offer continued support in such a scenario.

But the way I understand it from the overall public reaction, is that they're trying to charge customers for existing titles, retroactively, in perpetuity going onward. This would be a one sided ToS change which only benefits them, which they push the customer into agreeing. Such a practice is mostly unenforceable in a lot of jurisdictions around the world.

Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#29
post #8

Just a side thought related to this: can there be a community supported initiative to parse what TOS documents of different companies mean, and specifically, what to watch out for in each company's TOS vis-a-vis what is the norm in a certain industry? Right now, the "gotcha" power is entirely one-sided. A wiki-like approach towards documenting TOS might make the user better aware of what to really watch out for when…

I always thought it would be cool if Steam did that for their games. Kind of like the little feature tags they already use, "local multiplayer," "controller supported," etc, but for EULAs (technically they already track whether there is a third party EULA).

So you could just look at a game and it'd have bubbles like "phone homes > sends your data > IP, operating system, language," "not responsible for online interactions," etc whatever other legal nonsense they stuff in those things. There's tens of millions of them so I assume they can be compressed into some couple thousand of rote legal "chunks" that can be filtered and sorted on.

Re: Unity has seemingly silently removed its GitHub repo that tracks ToS changes

#30
post #21

Earlier quoted context omitted.

> Those 27cents per install are a lot of money for those type of games and will even make some business models no longer feasible. Exactly. So if they did this in an upfront way, they would have said that starting with Unity 2024 there is this new cost structure. Then game devs can make informed choices if they want to build those types of games on the platform. This retroactive stuff is insane and I cannot figure ou…

>This retroactive stuff is insane and I cannot figure out how a company can make that type of move if they care about their users. If I understand you correctly (I haven't really been following this), they changed the contract and are trying to retroactively collect license fees for installs done prior to the change in contract? I don't think this is legal. When you change a contract, it's on a go forward bases. It w…

> Did Unity recently get acquired, new investors or new management?

EA's former CEO, John Riccitiello took over last year. He inaugurated himself with quite a few statements, one of which was discussed here:

https://news.ycombinator.com/item?id=32097752

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