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Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by TMM2K on Friday September 15, 2023 @07:32AM (#37521444)
What do you think clicking the EULA is?
Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by flohofwoe on Friday September 15, 2023 @07:41AM (#37521510)
I'm hailing from the ancient times where getting a "game engine license" involved several in-person meetings both between top-level management followed by engineers, followed by exhaustive due diligence from both sides, intense haggling for several months, and finally signing a proper "contract", handing over absurd amounts of money upfront and then paying royalties after release.

That's basically what I understand as "getting a license", OTH I accept probably 5..10 EULAs a week without thinking or even reading the text (most of them are not enforceable anyway).

Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by troupo on Friday September 15, 2023 @07:54AM (#37521618)
"Clicking EULA" might not be enforceable in many countries.
Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by gruez on Friday September 15, 2023 @08:22AM (#37521877)
Like which?
Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by flohofwoe on Friday September 15, 2023 @08:34AM (#37521999)
AFAIK in Germany the TL;DR is that if there's anything in the EULA which violates "German Civil Code (BGB)", then either parts or all of the EULA are invalid. I remember that in Germany an EULA cannot prohibit reselling the software to somebody else, or making your own backup copy (kinda tricky nowadays though where everything is just a "service").
Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by ensignavenger on Friday September 15, 2023 @09:50AM (#37522946)
"AFAIK in Germany the TL;DR is that if there's anything in the EULA which violates "German Civil Code (BGB)", then either parts or all of the EULA are invalid. "

There is nothing unique about German law here. The same is true in the USA and most other countries. If a EULA or any other contract (whether agreed verbally, signed physically, digitally, or via a "click") violates the law, it can be considered invalid/unenforceable. It has nothing to do with how the agreement was agreed to, but with what the agreement contains. (There may be some legal theory that may carry some weight that a contract agreed to via a "click" is more likely to be unconscionable that one agreed to with a physical signature, but that does not automatically make all "click" agreements unenforceable.)

Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by troupo on Friday September 15, 2023 @11:05AM (#37524193)
There are multiple reasons why an EULA may be viewed as unenforceable in the EU due to unfair terms: https://europa.eu/youreurope/citizens/consumers/unfair-treat...

Interestingly, Unity runs afoul of many of those.

Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by patmorgan23 on Friday September 15, 2023 @10:23AM (#37523430)
That's just standard contract law in any country.
Re:Unity’s New Pricing: A Wake-Up Call on the Importance of ... by wccrawford on Friday September 15, 2023 @08:51AM (#37522171)
In which case you have no license to the code. So either way, you'd have no rights.

You're still welcome to contact them directly and try to get some kind of contract directly if you can't agree to the EULA for access.