#in brackets

Mihoyo has not yet made a public statement about all of this. But any change to the international unity tos would not affect them. They are partnered with Unity China which is it's own separate company. Unity China would have to adopt the change for it to affect Mihoyo. Which they have not made any statement implying they would.

The reason Unity China is a separate company is because of China's strict foreign company laws. But convincing the Chinese government to allow even an off shoot of a foreign company to set up shop is hard. Nintendo is still fighting to get their foot in the door. The only reason Unity C got in was because Mihoyo backed them. Unity C owes Mihoyo it's very existence. They are in no position to make demands by changing the current contracts without warning.

There were a few rumors about Mihoyo hiring people to develop their own game engine and that is false. Mihoyo did post 5 or so job listings for folks specialized in game engine coding. But it was clearly for code optimization of their current engine Unity. If Mihoyo decided to start building their own engine from scratch it would require the hiring of at least 100 coders focusing solely on the new engine.

Genshin and Honkai will stay on the Unity Engine. When the 2024 engine comes out Mihoyo might upgrade to it. But they would have a customized contract with Unity China and it would not include the current fee plan.

What about all the other Live Service Mobile Games?

In theory their creators could keep using 2023 and not have to worry about the fees. But as I mentioned I can't see Unity keeping the 2023 version usable past 2025. All of these games will easily pass the download threshold as they are free to download and they will pass the profit cap too.

Pokemon Go, Pokemon Unite, Duel Links, Master Duel, Hearthstone, Fates, League of Legends Wild Rift, and Marvel Snap are all still getting updates and won't be closing anytime soon. I don't know how important updating to the newest version of Unity is for these development teams. But in theory all their parent companies can afford the increased fees, they just won't like it.

With Mihoyo off the table Pokemon GO is the big fish Unity execs are aiming for. It gets a couple million new downloads every year and goes well past the profits cap and definitely isn't made using Unity Personal nor is Nintendo/GameFreak allowing Unity ads to play on their mobile game (those are all ways to lower the bill). Pokemon Go can't be moved to a new engine and has too many current users for Nintendo to risk dropping the app entirely to start over with pokemon go 2 on a new engine.

Nintendo has not yet made a comment, but if they do cave and pay the fees. Then there's no way the middle tier games devs can argue against it. even if the couple 1,000s in fees hurts the indie dev more. Unity can point to the couple million Nintendo is forking over for all their mobile games and say "if they can do it why can't you?"

So keep an eye out for what Nintendo does because of all this.

What about Demos, Charity bundles, or game subscription downloads?

The Updated version described in the open letter mentions the game devs being responsible for recording the number of downloads. Most likely because there isn't a legal way for Unity to truly monitor it and so their numbers would never have been trustworthy. If devs are reporting the numbers it's very easy to say downloads before a certain date are only the demos or keep track of how many charity bundles are sold and not count those downloads towards their total.

For Subscription Services, Unity has started to intentionally keep the answer vague. The first time they said developers would pay it like the legacy downloads. In an interview before the correction letter above the Unity President said the subscription hosts would pay the fee. After the correction letter he clarified that he "misspoke". AKA Microsoft and Playstation said "hell no!" that's super illegal to charge us in a contract we never signed we'll sue you to oblivion if you do that. But Unity is being unclear on if that means developers are back to footing the bill for Game Pass downloads. X

To understand exactly how vague they are being. A Reddit FAQ says developers will not be responsible for the fee of game downloads from subscription services. While the site FAQ section answers the question "Are Downloads from Subscription Services required to pay the download fee?" with "Yes" and Nothing more.

TOS Changes and How bad it really is

So the reason we don't know who is paying in some of these situations is because the final version of the 2024 licensing contract is not yet finalized. All Unity did was announce this new fee would be in the 2024 contract. That is why they were able to so quickly go back on what they said. It's just back spacing on a google doc it's not redacting and adjusting an actual legal document yet.

That means this might not be the only change they put in the new contract. This is just the only one they bothered to mention. most likely to convince shareholders they were going to be boosting profits in 2024 even if 23's Q4 is really low.

There being more unmentioned changes is a bad thing because they removed the github extension that updated you on changes made to the TOS. They argue it was because "traffic" was too low. There reasoning for removing an archive of Legal documents was click through rate being too low. They also argued that the TOS was available the entire time on their website. But please understand that is only their current TOS. So being able to compare changes from past TOS's wouldn't be possible on that page. X

The Possibility of this all being a Stunt

One of the theories going around is that they knew this would go over badly to some extent. Not this bad, but still drop the stock value a bit. Enough that the company would look cheap enough for a buy out from another company. The possible buyer being Apple's Mobile Gaming division. So far Apple has not shown interest in buying them and no solid evidence of this happening on the back end has shown up.

But it is pretty well known that the CEO sold stocks the week before this news came out. Which is called insider trading and super illegal. Unfortunately it looks like he might get away with it, with the argument that the sale of those stocks was scheduled months before this announcement was planned.

But that doesn't change the fact that he's sold over 50,000 shares this year alone. Two other officials have sold 37,000 and 68,000 of their shares this year. It's very clear they see the writing on the wall and are trying to offload stocks before the final numbers for the year reach the shareholders and the value of shares plummets. X

If they truly believed in the chance of a buy out they wouldn't be offloading so much of their stock. Because when they are bought Apple would have to pay them based on the number of shares they have at the time of the buy out. So they don't believe they'll be bought any time soon but they do believe the value of Unity stocks are only going to continue to go down.

Even without this stunt the end of Q4 report would have shown losses and caused the stock value to drop. This was most likely their last ditch attempt to show their shareholders something that implied the possibility of future profits.

That's the important thing to remember. They didn't care about how the devs reacted. They knew there were going to be complaints but they didn't care because they saw how much money they could milk if they charged every game to ever use unity for every download of that game. And they knew that would show profitability and increase the value of the company. They only back peddled when it became clear the news was affecting the stock more than anticipated.

Even then the .20 per download was never removed they just pushed back the cap and the downloads counted in hopes that would shut protests down enough for the stock value to go back up. as of Sep 29 their stock value has still not recovered.

Conclusion

Don't trust Unity. Anything they say now is just PR to try in get the stock value to go back up. They did pull back on some of the worst parts of the original agreement and older and most indie games are now safe. But Mobile F2P games and Game subscription games are still at risk of getting hit with the bill. They have also kept things vague enough to allow them to change things in the future once the dust has settled.

So I would heavily encourage those in the early stages of their games development to look for a new engine. If you have any Unity Stocks and haven't already sold them for whatever reason I'd find the time to start selling them. Unity might recover for a bit but they are not going to last long with business decisions like this and even the board members know that.

Oh wow this got so long I am so sorry. But It's all important information and I tried to link to actual articles as much as I could. As of the end of September this information is as accurate as it can be. Nothing major should come up until Unity announces the finalized TOS rewrite or Nintendo comments on the Pokemon Go fees.