60 votes

Wait, is Unity allowed to just change its fee structure like that?

11 comments

  1. [4]
    Beowulf
    Link
    So, I'm definitely not a lawyer, but I do work my legal dept a lot on reviewing software contracts before we sign them and integrate them into our tech stack. Two things come to my mind: My legal...

    So, I'm definitely not a lawyer, but I do work my legal dept a lot on reviewing software contracts before we sign them and integrate them into our tech stack. Two things come to my mind:

    1. My legal dept would NEVER sign off on a ToS that allows for fees to change at any time in the future. I realize a lot of indie devs are affected here, but the larger companies probably had this portion redlined and aren't impacted.

    2. I don't understand how a contract that basically allows for the contract to change at any time is legal. My guess (again IANAL) is that if this goes to court that section would be deemed unenforceable. Unity is probably bluffing the small companies that can't afford drawn out legal battles.

    32 votes
    1. CannibalisticApple
      Link Parent
      From my understanding, previous versions of the contract didn't include it. In fact, this post on reddit shows previous versions of the TOS directly contradict that. Unity tried to cover it up by...

      From my understanding, previous versions of the contract didn't include it. In fact, this post on reddit shows previous versions of the TOS directly contradict that. Unity tried to cover it up by removing the github repo, but as you can see, the records still remained. No way that wouldn't come up in court.

      19 votes
    2. CuriosityGobble
      Link Parent
      I'll be surprised if there isn't a class action lawsuit over this, especially since they changed terms so suddenly.

      I'll be surprised if there isn't a class action lawsuit over this, especially since they changed terms so suddenly.

      5 votes
    3. [2]
      Comment deleted by author
      Link Parent
      1. Minty
        Link Parent
        Companies banding together can initiate a class action lawsuit, yes. Not sure how viable it is, however. I have a feeling a lot of confidential data of the claimants would have to be shared in...

        Companies banding together can initiate a class action lawsuit, yes. Not sure how viable it is, however. I have a feeling a lot of confidential data of the claimants would have to be shared in this scenario (as opposed to individual lawsuits), but also IANAL.

        3 votes
  2. [6]
    Comment deleted by author
    Link
    1. KeepCalmAndDream
      Link Parent
      Humble bundle is offering a Learn Godot bundle. It's nice to see markets and individual values responding.

      Humble bundle is offering a Learn Godot bundle. It's nice to see markets and individual values responding.

      19 votes
    2. [2]
      dinorider
      Link Parent
      Yeah, imagine having spent years making a game in Unity, and having the fees completely changed on you now that you're basically completely locked in. Nobody involved in this decision can ever be...

      Yeah, imagine having spent years making a game in Unity, and having the fees completely changed on you now that you're basically completely locked in. Nobody involved in this decision can ever be trusted again.

      18 votes
      1. Octofox
        Link Parent
        Tbh it feels like the foss movement has been screaming this stuff in to the void for the last decade but no one was listening. Now all the “they might do this in the future”s have become real.

        Tbh it feels like the foss movement has been screaming this stuff in to the void for the last decade but no one was listening. Now all the “they might do this in the future”s have become real.

        16 votes
    3. [2]
      dinorider
      Link Parent
      Yeah, imagine having spent years making a game in Unity, and having the fees completely changed on you now that you're basically completely locked in. Nobody involved in this decision can ever be...

      Yeah, imagine having spent years making a game in Unity, and having the fees completely changed on you now that you're basically completely locked in. Nobody involved in this decision can ever be trusted again.

  3. [2]
    Stranger
    Link
    IANAL, but I wonder if there's an argument to be made that this violates the first sale doctrine. Unity may have a licensing agreement with the developers, but they don't have a the same licensing...

    IANAL, but I wonder if there's an argument to be made that this violates the first sale doctrine. Unity may have a licensing agreement with the developers, but they don't have a the same licensing agreement with the consumers. Once the developers sell a copy of the game, I would think Unity's interest in that copy ends.

    10 votes
    1. arqalite
      Link Parent
      Also NAL, but since the final consumer doesn't actually have any contract with Unity nor do they actually have to pay Unity that fee, I don't think it applies. To me the most absurd thing is them...

      Also NAL, but since the final consumer doesn't actually have any contract with Unity nor do they actually have to pay Unity that fee, I don't think it applies.

      To me the most absurd thing is them believing they can just charge Microsoft and Sony (and possibly Nvidia) for their subscription services. The second that bill reaches their mailbox, lawsuits will be flying.

      10 votes