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by rhtgrg 999 days ago
> If they are willing to retroactively change the TOS once, why wouldn't they do it again once the smoke has settled?

I haven't seen any evidence they did that, it's mostly been FUD from Godot supporters. The initial communication was messy, but where are actual TOS changes that are being touted so loudly?

https://unity.com/legal/terms-of-service

https://unity.com/legal/terms-of-service-legacy

3 comments

I have no skin in this game, but I read this article: https://gameworldobserver.com/2023/09/14/unity-license-terms...

ETA:

You updated your post with the TOS, but from what I read the concern was that the new TOS said it applied to any new distribution of the Unity Runtime, without specifying versions and the like.

I have never seen a Unity TOS that specified versions as seen in the screenshot of the link you shared. Where did they get that screenshot from? They need to share their source. For all we know this is a change from 2020 (latest version referred to in their screenshot).

In which case I think you will agree that is plenty of notice and most likely unrelated to be maliciously related to what's being announced now. They've even walked back the applicability to old versions as seen in GP.

> I have never seen a Unity TOS that specified versions as seen in the screenshot of the link you shared.

You mean this screenshot, right? https://gameworldobserver.com/wp-content/uploads/2023/09/uni...

Right here: https://unity.com/legal/terms-of-service/software-legacy

Scroll down about 80% of the page to section 8.

Well Unity is being accused of some dishonesty with updating things and not disclosing it [1]. If that's true, then it's possible that it's been somewhat purged to make themselves look better.

That said, that's a big "if", I'm just regurgitating what I read in news articles.

[1] https://news.ycombinator.com/item?id=37615183

Jan '22 TOS does not have such a clause either (from archive.org):

https://web.archive.org/web/20220716041837/https://unity.com...

At this point I'm pretty sure this is a dishonest attempt to dig up a 2020 change (if this clause even ever existed, which I've seen zero proof of) and correlate it to a 2023 announcement as if these things were done in tandem.

Downvote me all you want. I don't think Godot et al will survive with these scummy tactics.

I seriously doubt this is some conspiracy from the Godot team, even if it's dishonest. I think people are probably drawing some correlations as a response to an announcement that they don't like, and then saying "Godot doesn't have this bullshit because it's open source". I don't think the Godot team is engaging in "scummy tactics" explicitly.

ETA:

Also, if you're going to edit your responses after you post them, I recommend using the `delay` feature in your HN settings, or adding an addendum section like I'm doing here, as it's a little unfair to people responding to you to make undisclosed changes so it looks like people responding to you aren't responding to all your points. I'm not saying you're being dishonest, I'm just saying that it feels a little unfair to responders.

Thanks, I'll use the delay feature. I accept that this has nothing to do with Godot.

I did find the TOS in question, as expected, it's very old (from 2019):

https://web.archive.org/web/20201111183311/https://github.co...

So people saying "who's to say they won't do this again," if four years isn't enough for you to catch up, I don't know what to tell you.

Edit: They have also brought the repo back, which was likely another unrelated change:

https://github.com/Unity-Technologies/TermsOfService

The Jan 22 TOS you link to includes this section:

> Notwithstanding this Section 1.4, any modification of the Unity Software Additional Terms is subject to Section 8 of the Unity Software Additional Terms.

If you click on the "Unity Software Additional Terms" link within that clause, it will take you to the July 2022 snapshot of those terms in the Internet Archive (https://web.archive.org/web/20220716082334/https://unity.com...). Section 8 reads:

> 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”). [etc...]

As of March 2023, those terms were still present in the TOS (https://web.archive.org/web/20230303043022/https://unity.com...), moved to section 6 (Modifications to these Software Terms and Long-Term Supported versions).

The terms disappear in the May 2023 snapshot (https://web.archive.org/web/20230528084511/https://unity.com...), which states that the last update to the TOS was April 3rd, 2023, which is fully consistent with all of the reporting about this change.

Not only is there no conspiracy from Godot, the reporting is correct. The TOS was modified between March/May of 2023 to remove the reported clause and the Internet Archive proves it.

I commented similarly below, but see the March 2023 snapshot at https://web.archive.org/web/20230303043022/https://unity.com... Section 6 (Modifications to these Software Terms and Long-Term Supported versions).

If you go to the next snapshot (https://web.archive.org/web/20230413210637/https://unity.com...), Section 6 will be missing and you'll see the following header at the top of the TOS:

> Last updated: April 3, 2023

> What’s changed: We have posted an update to our Unity Editor Software Terms to, among other things, provide for our Industry Offering. We’ve also updated other sections, including those relating to data collection and modification of terms.

Interestingly, their linked FAQ (https://web.archive.org/web/20230605071610/https://unity.com...) provides no mention of the fact that they've removed the clause. I can't know what was going through Unity executives' heads when that FAQ was written, but they apparently didn't think it important to draw attention or specifically notify users about that revocation of their rights.

Why would "Godot supporters" care about what Unity is doing? It's not like they are on payroll and more users means more bug reports and feature requests for the maintainers without necessarily gaining more capacity to implement them. An open source project doesn't need an exodus of users from another project, it needs to get parity with its competitors and then quietly take over the market with little resistance.