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Devs on Unity Runtime Fee: "The trust is gone forever"
(www.gamesindustry.biz)
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Not a lawyer, but I feel like basing the fee on their internal guess on how many installs seems questionable. Surely some major jurisdictions would take issue with that and counting installs from before the new TOS towards the new threshold. Also their contradictory TOS terms at the very least would probably get them an expensive trial, even if they win it.