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

> 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...

However, the clause was still in the October 2022 terms, and was still there in March 2023 [2], and was actually removed in April this year...

It's likely just an oversight, but it does feel pretty dishonest in the face of removing the github repo, its the difference between "that clause has been gone for a year" and "that clause was removed less than 6 months ago"

[1] https://unity.com/legal/terms-of-service/software-legacy

[2] https://web.archive.org/web/20230303043022/https://unity.com...

I don’t know. I can see how it would be ridiculous if Amazon said “oh, by the way, starting next year you have to pay a cent every time you finish any of the books you bought on your kindle”

But if Netflix went “starting next year, there’s a surcharge of 1 cent per episode you watch” nobody would go “surely it can only count for episodes released from next year!

Which raises an interesting question to me: what if a developer wants out of the Unity contract? Does that mean they have to somehow break games consumers already purchased so as not to be liable to install fees?

We live in a dystopia lmao. Of course stuff like this is possible. Unity took one leap forward and pissed everyone off, they'll "fix" it by taking one or two steps back and then everyone will forget about it, just like we forget about everything else.