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this post was submitted on 14 Sep 2023
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Can someone ELI5 how Unity can enforce a change to their TOS and have it be retroactive AND legally enforceable?
The courts will decide.
Because it is a subscription service. It is not actually a product you buy outright. It is still bullshit, and should probably be illegal to change to charging for installs though.
OK, let's say it is a subscription model, which I'm sure it is. Wouldn't I have to agree to the new terms for them to charge me? How can they charge me for previous installs that I never agreed to pay them for?
This seems to me like Unity is opening themselves up to a lot of litigation for loss of income from lost sales of software thanks to the updated licensing terms.
You can cancel, and stop selling the game, which is what Cult of the Lamb is threatening to do(and others should do if this actually goes ahead). But if you continue to use and sell your game, you have to agree to the new terms and conditions.
It's srill odd tho. It's like netflix saying: i know you paid monthly for years, but we retroactively need you to pay a dollar for every movie and 50 cents for every tv show you watched.
Are they not charging for new downloads starting in January? What I understood was by "retroactive" they meant it applies to all games, even those previously released
I think you'd still be able to sell the game, just not update it beyond Jan 1st
I think we need to wait for a lawyer. I don't think this is something where laymen will be helpful.