But what commercial software licenses are you using to write backend server architecture for a video game? There's no need for a dependency on FMOD or anything (unless you're doing something very unusual)
They are not able to share that code now because licensing the code in a way that it cannot be shared is currently a viable business model for Unreal and Unity - that would change with the proposed law and the middle ware providers will be forced to adopt different terms if they want to continue existing.