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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

#111

Earlier quoted context omitted.

Yes, he is the brain behind the 2013 SimCity disaster.

Forgive my ignorance, what disaster are you referring to?

It was a very dumbed down attempt to reboot the franchise, when what the fans wanted was what Cities Skylines would later deliver.

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

#112

This video[1] talks a bit about this from a lawyer's point of view and is a really good overview. For people who are not paying as much attention to this I'd like to summarize the main points of frustration. 1. Unity has just shown they believe they are able, and they are willing, to change the terms on what you have to pay them. What are the bounds to terms like this? What if Unity is tight on money and decide to sq…

>Unity has been extremely wishy-washy on how they even plan to track this mentioning proprietary systems they can't elaborate on and your only recourse is to appeal if you think they got the numbers wrong. They must know that their methods will ultimately be revealed during discovery during the inevitable lawsuits. So I’m wondering if they haven’t actually figured out how they’re doing it yet.

All I can think of is some poor dev trying and failing to explain to the mbas why this can't be done with any precision. Two parallel lines that cross...

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

#113
post #99

Earlier quoted context omitted.

I have only been generally following this but I don’t think this is quite accurate. It seems more like, starting in 2024 when you get more downloads the fee would be applied. I see people talking here about apps that have a huge user base and a very low price per purchase. I admit that segment didn’t pop into my mind initially. And I see the problem there. I also imagine the Unity execs may have missed that scenario…

I believe the whole point and plan is that you use the Unity ad network exclusively. My understanding is that you get exempted then. Unity makes the most money with its Ad provider and would love to kill other ad mediation frameworks to get a bigger slice of the pie.

I am pretty sure that they can't actually just *say* that. I suspect you are right.

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

#114
We are making games in Unity, and paying per developer per month the highest subscription $180+ for any tool we use. The amount is already quite high and grants us license to use Unity.

Their current move is either because they being extremely greedy, or because they're burning a lot of cash. We make simple games, and we're using Unity because of its community support and assets, not because we love Unity, the company. The community moves, we move.

Now if they're changing the terms arbitrarily, and hide that behind the "I agree" button, it proves that they have turned evil. We, along with several other fellow game companies don't support evil, and already migrating our games to Godot. We were prepared for something like this, but didn't anticipate Unity will flip their face this soon. This move only promotes Godot or Unreal; a far more different result than whatever they expected.

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

#115
post #73

What I hate most about this is that it puts unbounded liability onto developers. They can't control how often their game will be installed in the future. The outcome will likely be that the minute a game falls below a certain rate of sales they will be forced to make it unavailable because they can't risk the ongoing cost of the existing userbase continually reinstalling it. Every time a new platform or device is rel…

> What I hate most about this is that it puts unbounded liability onto developers. And Unity can continue to raise the per-installation price as well. If they lose a bunch of customers but want to maintain their current income, why not raise it to $1 instead of just $0.27?

I’m pretty sure that would be an unconscionable contract at $1, not a mere unethical contract. The latter is legal, the former is not.

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

#116
Sorry but I cannot help but blame developers again. Again you idiots put all your eggs into one basket, whilst forsaking alternatives, even open source ones because "unity is better." Well close gardens locking you in (or out) is always a risk and instead of calling people like me tinfoil-hat wearing lunatics for sounding the alarm for years, may be you should have heeded it.

Same goes for youtube, discord, zoom, aws. Invest in the alternarives you idiots, don't wait until it's too late. You won't garner any sympathy when they tighten the strings.

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

#117
Adobe put a silent kill switch into Flash player, rendering 10 years worth of casual games I'd written immediately unplayable. As a result of Adobe's actions, a whole sector of lone devs and small teams turned to Unity to build games that would've otherwise been built in AS3. I'm glad I didn't end up going that route, but I really feel for the folks who are now getting screwed again.

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

#118
post #99

Earlier quoted context omitted.

I believe the whole point and plan is that you use the Unity ad network exclusively. My understanding is that you get exempted then. Unity makes the most money with its Ad provider and would love to kill other ad mediation frameworks to get a bigger slice of the pie.

I am pretty sure that they can't actually just *say* that. I suspect you are right.

Maybe. AWS had no problem saying "Use our Lumberyard engine for free, but if you rent gameservers, you must rent them from us."

I wonder how it'd have gone down if Unity had said, "From Unity version 2024 and beyond, if you have ads in your game, you must get them from us," and let that be the end of it.

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

#119

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. I can't even understand how it can possibly be legal. How on earth is it even possible to say "your game which was released before we updated this license is subject to the updated version"? IANAL but that sure seems like something which would require both parties to agree to the updated…

The old Terms of Service have the usual clause that says that the company can change the terms at any time. However, the terms do provide that if you don't update Unity then you can continue to use the old terms. Unity obviously doesn't point that out in the blog or FAQ.

> Unity may update these Unity Software Additional Terms at any time for any reason and without notice (the “Updated Terms”) and those Updated Terms will apply to the most recent current-year version of the Unity Software, provided that, if the Updated Terms adversely impact your rights, you may elect to continue to use any current-year versions of the Unity Software (e.g., 2018.x and 2018.y and any Long Term Supported (LTS) versions for that current-year release) according to the terms that applied just prior to the Updated Terms (the “Prior Terms”). The Updated Terms will then not apply to your use of those current-year versions unless and until you update to a subsequent year version of the Unity Software (e.g. from 2019.4 to 2020.1). If material modifications are made to these Terms, Unity will endeavor to notify you of the modification. If a modification is required to comply with applicable law, the modification will apply notwithstanding this section. Except as explicitly set forth in this paragraph, your use of any new version or release of the Unity Software will be subject to the Updated Terms applicable to that release or version. You understand that it is your responsibility to maintain complete records establishing your entitlement to Prior Terms.

https://web.archive.org/web/20220716084623/https://github.co...

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

#120

Earlier quoted context omitted.

But it means that their legal teams say that it's legit already, so that's why most people assume that this is legal.

A lawyer friend of mine once told me that most of his job as a contract lawyer was basically a game to see if the other company's lawyers were paying attention and to take absolutely everything he could if they weren't.

But in that case there is a meeting of the minds where one party is supposed to read the terms and object to any that are unreasonable.

It's very different from the situation where one party retroactively changes conditions.

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