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Unity reveals plans to charge developers per game install - plans revoked and CEO fired, lol

NaturallyCarnivorousSheep

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It only takes one dev to go to court with Unity and win for this scheme to collapse.
On a serious note does anyone have any idea how does it look legally speaking?
I doubt Unity did it without contacting lawyers and vetting every single word in the new TOS or whatever to make it so it's as watertight as possible, but for me it would seem that retroactivity and the fact that they've admitted they won't have the actual sales/install numbers for given title, just estimation(especially for the older games) are probably the weak points of the whole deal.
 

luj1

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Been a while since we had this kind of tech panic: https://www.eurogamer.net/unity-rev...-drawing-criticism-from-development-community

Unity reveals plans to charge per game install, drawing criticism from development community​

"It's an absolute f*cking catastrophe".

Unity has announced dramatic changes to its Unity Engine business model which will see it introduce a monthly fee per new game install beginning on 1st January next year - a move that has drawn considerable criticism from the development community.

Unity - the engine behind countless acclaimed games including Tunic, Cuphead, Hollow Knight, Citizen Sleeper, RimWorld, Outer Wilds, Fall Guys, Ori and the Blind Forest, and Cities: Skylines - was previously licenced to developers using a royalty free model built around subscription tiers. Anyone whose revenue or funding was less than $100k over the course of the year (and who didn't want access to features such as the ability to remove the Unity splash screen) could stick to the free Unity Personal licence, while a Unity Plus subscription was required up to $200k in revenue, and a Unity Pro or above subscription was needed for more.

As of 1st January, 2024, however, developers will be expected to pay an additional monthly Unity Runtime Fee per new game install - seemingly including re-installs and installs across multiple devices - on top of their existing licence subscription, with those fees kicking in for titles that have made $200k or more in the last 12 months and have at least 200k lifetime game installs. Unity Pro and Unity Enterprise subscribers, meanwhile, will see the fees applied after passing the $1m revenue and 1m lifetime installs threshold.

Once the fees kick in, developers using Unity Personal will be expected to pay $0.2 per new install above the 200k threshold each month, while Unity Pro and Enterprise subscribers will be required to pay $0.15 and $0.125 respectively after crossing the 1m line - a figure that will decrease as higher install thresholds are reached. Unity Plus, meanwhile, is being retired as of today, meaning access to advanced features will now require at least a $2k annual subscription - an increase of over $1,600 compared to Unity Plus.

Unity's new fees will be applied retroactively to all games already on the market that cross its revenue and install thresholds, and to all to all games regardless of price - raising questions around the viability of free game giveaways, game demos, bundles, and more - and there's concern developers may now face charges for pirated game installs. There are also questions around how the changes will complicate the logistics of being on services like Game Pass.

The industry response so far appears to be a mixture of outrage, disbelief, and confusion, with some developers already publicly pledging to switch engines. Eurogamer has reached out to number of studios for their response to today's changes, including Size Five Games' Dan Marshall, creator of the acclaimed Lair of the Clockwork God, The Swindle, and more.

"It's an absolute fucking catastrophe," Marshall told us, "and I'll be jumping ship to Unreal as soon as I can. Most indies simply don't have the resources to deal with these kind of batshit logistics. Publishers are less likely to take on Unity games, because there's now a cost and an overhead," he continued. "How this is being tracked is super vague and feels half-thought-through. It seems open to review-bombing exploits, but in a way that actually costs developers. If someone buys a game on Steam and installs in on three machines, are Devs liable for three payments? If so, that sucks. Gamepass is suddenly a massive headache... the list goes on.

"It's all just utterly horrible, and they need to backtrack on this instantly or every Dev I know is likely jumping ship tomorrow."

"I have a couple of projects on the go in Unity right now," Marshall continued, "and they're far enough along that changing engine isn't an option, and I get a sickly feeling in my stomach just thinking about this. A horrendous policy, presumably dreamed up by the money men. I'm legitimately quite angry. I've been using Unity for over 10 years, that's a lot of investment in a system I'm about to drop like a hot rock."

We'll continue to share developers reactions as we hear more.

this is normal with advanced industry software, except that unity is trash when compared to it
 

Dickie

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Steve gets a Kidney but I don't even get a tag.
It only takes one dev to go to court with Unity and win for this scheme to collapse.
On a serious note does anyone have any idea how does it look legally speaking?
I doubt Unity did it without contacting lawyers and vetting every single word in the new TOS or whatever to make it so it's as watertight as possible, but for me it would seem that retroactivity and the fact that they've admitted they won't have the actual sales/install numbers for given title, just estimation(especially for the older games) are probably the weak points of the whole deal.
cCVqHor.jpg
 

thesecret1

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Unity was falling behind Unreal for years now, but this shit... Bussiness-ending. Even if they rescinded 100% of all this shit, who'd wanna work with them after this? They destroyed their reputation in an instant.
 

ghostdog

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This seems like an intended leak by Riccitello, part of a scheme to make money off Unity's demise.

And maybe afterwards the real mastermind is revealed...

1539242-bobby_kotick_the_devil.jpg
 

jimster

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Unity was falling behind Unreal for years now, but this shit... Bussiness-ending. Even if they rescinded 100% of all this shit, who'd wanna work with them after this? They destroyed their reputation in an instant.
Even if devs stop using Unity they'll still make money from old game installs. Pretty smart move.
 
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Jaedar

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I'm surprised their share price is only down 7%. I'm guessing investors expect them to rescind. Even still, damage of perception is done. They're looking to pick pockets in some way that they would entertain something this ridiculous.
Or that enough people will pay up to make it worthwhile. If they lose half their customers, but the remaining half pay 10x more, it's a good deal from a financial standpoint.
 

Caim

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You know what game is also made in Unity?

Hearthstone. The WoW card game.

Uninstall and reinstall like a madlad, get good ol' Bobby Kotick billed for millions of dollars. Next we see of John Riccitiello is him being drawn and quartered by Bobby's yachts.
 

:Flash:

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Unity was falling behind Unreal for years now, but this shit... Bussiness-ending. Even if they rescinded 100% of all this shit, who'd wanna work with them after this? They destroyed their reputation in an instant.

Even if devs stop using Unity they'll still make money from old game installs. Pretty smart move.
It's like Kodak killing their in-house image-sensor research. "They'll still make profits selling films. Pretty smart move".

Unity is dead. Nobody will ever want to license their engine again. If they can do this, they can retroactively change the license to charge 100% of revenue from all installs ("they can make even more money that way, pretty smart move"). Nobody would ever want to take that risk. They will never gain a new customer ever again, and everybody who already is a customer (my company being among them) is already thinking about how to manage the pivot away from it, I can guarantee that.

The only question remaining is what will happen first: Will the company go bankrupt, or will someone take them over before that?
 

Spectacle

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I just can't see this in any way legally binding, you can't just suddenly change your terms of use without an agreement. If I am understanding this correctly. Will just have to wait for the first lawsuit in 2024 challenging this. Or possibly the EU will step in. Or possibly a complaint filed with the SEC.
I bet there's a clause in the existing agreement allowing Unity to change the terms in the future.
 

Jaesun

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You know what game is also made in Unity?

Hearthstone. The WoW card game.

Uninstall and reinstall like a madlad, get good ol' Bobby Kotick billed for millions of dollars. Next we see of John Riccitiello is him being drawn and quartered by Bobby's yachts.
Interesting, did not know that. This might be the first company to possibly challenge this in a court, if they deem this unacceptable.
 

Athena

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I bet there's a clause in the existing agreement allowing Unity to change the terms in the future.
There is, but just because they state that they can change the terms in the future, it doesn't allow them the right to rape my family if I want to keep using the engine. Such clauses if abused should be as legitimate as the average ToS, which is to say, not at all.
 

Orud

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Please please please please don't pussy out and actually go trough with it.
I'd prefer if they wouldn't, however I really like the idea of...
Next we see of John Riccitiello is him being drawn and quartered by Bobby's yachts.
... becoming reality. Bobby just needs to sail to international waters and he'll be home free.
 
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markec

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Not only is Unity dead I dont think that this will pass retroactively. They are going to be sued and lose in court, also I bet that EU commission will block this movie in a instant.
 

thesecret1

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Unity is dead. Nobody will ever want to license their engine again. If they can do this, they can retroactively change the license to charge 100% of revenue from all installs ("they can make even more money that way, pretty smart move"). Nobody would ever want to take that risk.
Yep. No company wants to run the risk of suddenly having a bucket of shit thrown on its head by Unity. Even if all this garbage lost in court, who's to say Unity wouldn't come up with some other bullshit later? It's clearly not to be trusted. Whoever has their project well underway in Unity will finish it, and that'll be it for them – no more new customers, or at least not enough to keep the company afloat.
 

Orud

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The retroactivity isn't going to fly in the EU. The EU considers any software purchased as owned by the purchaser, no matter what companies might want to make you believe in their T&C.

The second that Unity tries to make the case that there are payments for each subsequent install, it'll imply that the user does not own the software and their case ends in the EU. The US? Well... if it's fought out in Texas it'll be about which side bribes the judge the most.
 

ds

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I just hope some devs will learn their lesson and start making their own engines again (or at least using one they can fully control and take responsibility for) and that this doesn't just end up being free UE marketing.
 

ADL

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You mean, fire the people who actually do important stuff and then, when shit starts falling apart, beg them to come back?
You can point and laugh at many decisions that Musk made concerning 'X', but reducing the headcount from 7500 to below 1500 isn't one of them. They had 1000's of devs and still hardcoded all the goddamn server locations for pitty sake.

How he went about it, sure, that was a shitshow. But it was known Twitter was a bloated overpriced piece of garbage for years. I still stand firm in my beliefs that besides Musk's ineptitude, a lot of what's coming out of Twitter is just the dirty laundry from before Musk.
What is the quality of the remaining employees though? "Hey we're returning to the office, if you don't agree to this by Thursday at noon we will accept it as a voluntary resignation" - lose everyone that can easily get a remote gig elsewhere keep the mediocrity/people who just keep their heads down and don't give a shit.

Downsizing is fine but there needs to be better methods deciding who stays and who goes beyond "do what we say or else" in a sector that favors the worker at the moment.
 

:Flash:

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The retroactivity isn't going to fly in the EU. The EU considers any software purchased as owned by the purchaser, no matter what companies might want to make you believe in their T&C.

The second that Unity tries to make the case that there are payments for each subsequent install, it'll imply that the user does not own the software and their case ends in the EU. The US? Well... if it's fought out in Texas it'll be about which side bribes the judge the most.
I'm not an expert in legal matters, but I wouldn't be sure that this is the case. This is a matter between the developer and Unity, and saying that the customer doesn't own it because the dev has to pay a fee is not a sure thing. Their definition of owning the software is strange anyway, e.g. you are legally prohibited from even attempting to circumvent a copy protection system. If you owned it like you own a thing, that wouldn't be the case. Also SaaS is a thing in Euopre, as well.

However, this may still be illegal for the simple reason of being against good faith. If you can just retroactively charge arbitrary amounts of money, we could just charge all of our customers a million bucks and retire.
 

Orud

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What is the quality of the remaining employees though? "Hey we're returning to the office, if you don't agree to this by Thursday at noon we will accept it as a voluntary resignation" - lose everyone that can easily get a remote gig elsewhere keep the mediocrity/people who just keep their heads down and don't give a shit.

Downsizing is fine but there needs to be better methods deciding who stays and who goes beyond "do what we say or else" in a sector that favors the worker at the moment.
Well, yes. That's what I meant when I said that how he went about it was a shitshow. His goal? Correct. His execution? Terrible. The outcome? Could've been far better, but I think that once things have stabilized it'll also be far better than before.
 
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Alex

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To be honest, I don't know why they would try something so outrageous. I mean, if they wanted the same amount per game sale instead of installs, it would probably be equally unenforceable. It would harm the image of the unity company as much and people would probably think of it as a case of greedy CEO that drove the company into the ground. But asking a price for something as arbitrary as an install makes it sound like he is not only trying to short sell his own company, he is also daring any investors to sue him.
 

Tyranicon

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I feel like the best move for Unity at this point is do the Wizards of the Coast thing and admit total defeat and rescind everything, revealing them to be pathetic idiots with no understanding of how the law works or any kind of backbone.

I'm still angry I spent two months learning this shit engine.
 

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