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Penny Arcade - Comic - Disunity

DogDog Registered User, Administrator, Vanilla Staff admin

Disunity!

Penny Arcade - Comic - Disunity

Videogaming-related online strip by Mike Krahulik and Jerry Holkins. Includes news and commentary.

Read the full story here

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Posts

  • HighPriestofZuulHighPriestofZuul Registered User regular
    edited September 2023
    Between this and the D&D OGL thing in January, this is a really banner year for companies intentionally burning all goodwill with their customer base using a unilateral contract revision of questionable legality.

    HighPriestofZuul on
  • V1mV1m Registered User regular
    A real FAQ you

  • OverkillengineOverkillengine Registered User regular
    A simple reference link explains what is going on fairly well enough:

    https://en.wikipedia.org/wiki/John_Riccitiello

    Former EA exec.

  • V1mV1m Registered User regular
    "Son of The Morning"

  • Anon von ZilchAnon von Zilch Registered User regular
    I'm having a bit of trouble parsing what the punchline is supposed to mean. Can anyone help me out?

  • Rhesus PositiveRhesus Positive GNU Terry Pratchett Registered User regular
    That the FAQ has made things worse because it's one of those business decisions which can't be explained except by detailing how little they care and/or know about their customers

    [Muffled sounds of gorilla violence]
  • MorninglordMorninglord I'm tired of being Batman, so today I'll be Owl.Registered User regular
    V1m wrote: »
    "Son of The Morning"

    No son of mine!

    (PSN: Morninglord) (Steam: Morninglord) (WiiU: Morninglord22) I like to record and toss up a lot of random gaming videos here.
  • V1mV1m Registered User regular
    Who to believe, you or The Father Of Lies?

    OK actually, yeah OK, it's you.

  • OverkillengineOverkillengine Registered User regular
    That the FAQ has made things worse because it's one of those business decisions which can't be explained except by detailing how little they care and/or know about their customers

    Yeah even if they had a monopoly it would have been a bad idea. But this decision was made in a market that not only has competitors, but the barrier to switching is software based instead of physical. But even in optimal circumstances this just seems like an incredibly shortsighted move unless one has reason to not care about losing a large chunk of their customer base.

  • LucascraftLucascraft Registered User regular
    If anything, this move really helps Epic Games. This is going to push a lot of indies towards Unreal 5. Their pricing model is a bit more expensive up front, and was never considered a great option for the little guy. But compared to turning your game engine licensing into DLC, it looks pretty good.

  • dennisdennis aka bingley Registered User regular
    the barrier to switching is software based instead of physical

    You say that like it makes it easier, when in fact that makes it much, much harder.

  • dennisdennis aka bingley Registered User regular
    Here's an article that might describe the situation and the context around it a bit better for people not in the industry:
    https://insertcredit.com/opinion/unity/

    I work at a major VR games studio and we're several years into development of our next game. Hopping engines for this one isn't really feasible. And hopping engines for the next one might not be, either. We target a wide range of VR from PC to standalone to console. Unreal Engine does not do VR well for anything but very powerful PCVR. Unreal Engine looks better, but all that is wasted when you're doing VR or have to hit lower powered devices. One thing Unity does really well is keep up with VR standards and keep scalability in mind.

    Godot is a great idea, but they will always have the same issues most free software does. Software takes a lot of time and money. Unless a number of industry players make funding commitments, Godot will always remain behind in terms of keeping up with features. Right now, for example, Godot doesn't support consoles. If you want to support your game, you have to fork over money for someone else to port it, using a custom in-house extension of Godot they've made that supports consoles. And which they put a lot of money into knowing that they'd be able to make it up in people hiring them for ports. Third-party ports are fraught with problems and I don't want to make this post huge.

    And that it, really. That's all the (even slightly feasible) choices we have. Yes, VR adds its own problems (not the least being that our potential install base is that much smaller), but we're not that far off from what non-VR studios have to consider.

  • dennisdennis aka bingley Registered User regular
    edited September 2023
    (Sorry for the triple, but I figure it's better to break them up so people can respond to them individually rather than one monolithic post.)
    Lucascraft wrote: »
    If anything, this move really helps Epic Games. This is going to push a lot of indies towards Unreal 5. Their pricing model is a bit more expensive up front, and was never considered a great option for the little guy. But compared to turning your game engine licensing into DLC, it looks pretty good.

    UE is not more expensive up front. Both Unity and UE have "personal" versions that are free. Their pro versions are $1500/seat/year for UE and $2040/seat/year for Unity (yes, Unity is more). All versions of UE come with source access. If you want source for Unity, you pay $4950/seat/year for enterprise. UE has an enterprise tier as well, but it just adds the extra support (like Unity's enterprise).

    Also, Unity will sometimes decide that you have to start paying them for pro. The last company I worked for was a startup that had not made a single sale yet. However, some Unity investigator saw that we had receiving a PPP loan (the info is public) and decided that we now had to pay them $1500/user. (Good news! Now that they are charging out the ass for per-install, they're not forcing anyone into Pro based on whatever dirt they can dig up.)

    The difference in pricing has been the royalty structure. UE has a royalty structure that doesn't kick in until you reach $1 million gross lifetime sales on a game. Then you owe 5% on gross incoming going forward (not retroactive), on that game. Your next game has its own sales tracked and starts over at $1 million. This is the standard agreement that applies to all UE versons. If you are a big enough player, you negotiate with them up front and you can make a deal to not pay any royalties (but you'll pay them more up front).

    UE's license explicitly states that even if they change the pricing on new UE versions, you can stay on the same version with a game and keep the original pricing.

    Unity, on the other hand used to be easy. No royalties. They made a huge deal out of it as a differentiator with UE. Now it is not easy. It is a more complex pricing structure, and it is still in flux as they try to do damage control. For the free version of Unity, it kicks in when you make gross of $200k and 200k lifetime installs in the last 12 months. For the more expensive license, it's $1m/1m in the last 12 months.

    It is a flat fee per install, not per sale or on gross income. It is the same fixed price whether you sell your game for $60 or for $1. It is retroactive. I can't stress that last bit enough. It is the most expensive (20 cents per download) for the free version of Unity. Again, most punishing on a new indie with a breakout game. Edit: I feel I should clarify and say that the counter for $/installs is retroactive. The actual fee isn't charged retroactively on previous installs.

    It does not matter which (numerical) version of Unity you are on. The license will always apply. Even if you do not update versions, any changes to the pricing are explicitly going to apply to you. Also, new pricing they just announced kicks in in less than 3 months (jan 1), and "the last 12 months" includes all of 2023.


    If you didn't already, I think you get the picture on why Unity devs have responded so strongly to this move.

    dennis on
  • OverkillengineOverkillengine Registered User regular
    dennis wrote: »
    the barrier to switching is software based instead of physical

    You say that like it makes it easier, when in fact that makes it much, much harder.

    Depends on your definition of such. It's not like say, a situation where some supplier in another country has a physical monopoly on the only viable mines for a specific rare earth metal that your systems cannot work without, and short of hiring mercenaries to accomplish overthrowing the local government, you just have to bend over and take it for the rest of foreseeable existence.

    What Unity is doing is asinine because they are creating a massive incentive for a competitor to [eventually] form. And they don't have a stranglehold on the code mines to stop it.

  • dennisdennis aka bingley Registered User regular
    dennis wrote: »
    the barrier to switching is software based instead of physical

    You say that like it makes it easier, when in fact that makes it much, much harder.

    Depends on your definition of such.

    My definition of such is the real one in which Unity is being used in the real world. No other definition really matters one single bit in the context of this discussion.

  • palidine40palidine40 Registered User regular
    I'm having a bit of trouble parsing what the punchline is supposed to mean. Can anyone help me out?

    Hey Anon, the easier way to read the last sentence might've been " I maybe would not have done a FAQ ". Tycho's saying they shouldn't have done the interview. It might've done less damage to Unity if they'd not done anything at all.

  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Official announcement from MegaCrit, creators of Slay the Spire:

    uya2imd9qjug.png

    😬

  • OverkillengineOverkillengine Registered User regular
    edited September 2023
    Yeah it's going to suck major ass for the people that already invested years of design into a game. Or apparently anyone that has ever used Unity at all, though I expect Unity to get their dick knocked in the dirt on that aspect of their attempt. But otherwise the executives at Unity appear to be counting on sunk cost fallacy keeping people from fleeing their clutches.


    Not a good long term strategy.

    dennis wrote: »
    It is a flat fee per install, not per sale or on gross income. It is the same fixed price whether you sell your game for $60 or for $1. It is retroactive. I can't stress that last bit enough. It is the most expensive (20 cents per download) for the free version of Unity. Again, most punishing on a new indie with a breakout game.


    Yeah them floating that model tells me they are stuck in Enterprise model thinking, where an entity they are leasing to has control over what machines get software installed on them. And when.

    But that's not how the consumer gaming market works at all. Hell, you can buy a game on steam and have it installed on multiple devices, despite only making one purchase. You can't make simultaneous use (under normal ops, yes, I know there are ways around that, no one needs to get pedantic) of those installs, so why should there be multiple install charges to the developer? And passing it along to the consumer is going to fly like a lead balloon.

    And that's before getting into the whole issue of managing to somehow track installs.

    Overkillengine on
  • dennisdennis aka bingley Registered User regular
    And that's before getting into the whole issue of managing to somehow track installs.

    From what I read, they already had phone-home code in their installers. About a year ago they merged with a company that did this kind of thing.

    https://www.adexchanger.com/mobile/unity-officially-seals-the-deal-with-ironsource-as-in-the-merger-is-complete/

    https://en.wikipedia.org/wiki/InstallCore

    https://www.pcgamer.com/unity-is-merging-with-a-company-who-made-a-malware-installer/

  • OverkillengineOverkillengine Registered User regular
    dennis wrote: »
    And that's before getting into the whole issue of managing to somehow track installs.

    From what I read, they already had phone-home code in their installers. About a year ago they merged with a company that did this kind of thing.

    https://www.adexchanger.com/mobile/unity-officially-seals-the-deal-with-ironsource-as-in-the-merger-is-complete/

    https://en.wikipedia.org/wiki/InstallCore

    https://www.pcgamer.com/unity-is-merging-with-a-company-who-made-a-malware-installer/

    Yeah I can see that running afoul of data privacy laws real damn fast if they aren't very careful about their execution. And given how they've botched just the initial PR so far...not holding my breath until they get it right.

  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
  • dennisdennis aka bingley Registered User regular
    One clarification on Unity's fees. While this wasn't clearly stated before (and they keep changing stuff because it's so unpopular so who knows what the original intention was), the per-install fee is not charged retroactively. The "in the last 12 months" counts things retroactively when it goes into effect January 1, but the per-install fee applies to new installs after the counter is reached.

  • V1mV1m Registered User regular
    dennis wrote: »
    And that's before getting into the whole issue of managing to somehow track installs.

    From what I read, they already had phone-home code in their installers. About a year ago they merged with a company that did this kind of thing.

    https://www.adexchanger.com/mobile/unity-officially-seals-the-deal-with-ironsource-as-in-the-merger-is-complete/

    https://en.wikipedia.org/wiki/InstallCore

    https://www.pcgamer.com/unity-is-merging-with-a-company-who-made-a-malware-installer/

    Yeah I can see that running afoul of data privacy laws real damn fast if they aren't very careful about their execution. And given how they've botched just the initial PR so far...not holding my breath until they get it right.

    Retroactive contracts are also not legal in some places, like the EU

    Don't worry though Unity, the EU wouldn't dare apply real penalties to a US corporation

  • dennisdennis aka bingley Registered User regular
    edited September 2023
    V1m wrote: »

    Oh, we very much knew this was their strategy. It's why Riccitiello's earlier assholish comments about monetization have been front-and-center in this conversation. They also haven't been quiet about it. It's in huge bold font right under the license fee breakdown on their website announcement.

    ruhab6ffhxby.png

    This also reminds me of the argument that another big player should just buy Unity. The ads/monetization is a big reason they want. The big ad players like Google, Amazon, Meta, etc. have to worry a little about antitrust. Especially because they are unpopular with both of main political parties (for sometimes different and sometimes similar reasons). Gobbling up one of the biggest engines in the gaming market would put a big target on their back.

    Apple might be feasible, since they're currently pretty far down in the list of ad sales (only a paltry few billion dollars a year). But they have their own concerns with buying a company whose primary revenue stream is from sales to Windows PC users. Even with legal ramification aside, it just might make little sense to them.

    dennis on
  • OverkillengineOverkillengine Registered User regular
    dennis wrote: »
    One clarification on Unity's fees. While this wasn't clearly stated before (and they keep changing stuff because it's so unpopular so who knows what the original intention was), the per-install fee is not charged retroactively. The "in the last 12 months" counts things retroactively when it goes into effect January 1, but the per-install fee applies to new installs after the counter is reached.

    And even that is odious as fuck given that even if a developer stops selling a game on Dec 31st, they can still be on the hook for new installs, no matter if they consented to them happening. Might as well dissolve your company and create a new one at that point.

  • dennisdennis aka bingley Registered User regular
    dennis wrote: »
    One clarification on Unity's fees. While this wasn't clearly stated before (and they keep changing stuff because it's so unpopular so who knows what the original intention was), the per-install fee is not charged retroactively. The "in the last 12 months" counts things retroactively when it goes into effect January 1, but the per-install fee applies to new installs after the counter is reached.

    And even that is odious as fuck given that even if a developer stops selling a game on Dec 31st, they can still be on the hook for new installs, no matter if they consented to them happening. Might as well dissolve your company and create a new one at that point.

    Yes, it's dumb as fuck.

    During the back-pedal, they claimed that the fees would be paid by the publishers/platforms that are selling the game. So in theory, that would no longer happen because they couldn't buy it anymore. But because of the fucking dumbness, what if they get it some other way? What if they still had the installer lying around? What a clusterfuck.

  • V1mV1m Registered User regular
    All I will say is that if a game I have already bought starts advertising to me, it's off my PC and/or laptop that same day.

    And of course needless to say I will be most reluctant to consider buying any Unity game in the future.

  • Zilla360Zilla360 21st Century. |She/Her| Trans* Woman In Aviators Firing A Bazooka. ⚛️Registered User regular
    Riccitiello seems to not understand that the internet never forgets.

  • dennisdennis aka bingley Registered User regular
    V1m wrote: »
    And of course needless to say I will be most reluctant to consider buying any Unity game in the future.

    With the exception of ours. Please, do buy our game.



    Just don't install it.

  • RatherDashing89RatherDashing89 Registered User regular
    Does the spyware that tracks whether a game is installed (hyperbole, I know, but I can't resist) know the difference between the first time a user installs and the next? Because I uninstall and reinstall games all the time.

  • DelzhandDelzhand Registered User, Transition Team regular
    edited September 2023
    Here's an interesting deep dive on some of the technical aspects.

    https://www.reddit.com/r/gamedev/comments/16ilfui/a_deep_dive_on_why_unitys_new_install_based/

    Frankly I think Unity is just going to handwave away all these issues as acceptable edge cases. If they think that reinstall bots and pirate installs aren't a problem, they'll probably try to weather the storm of dissent online.

    I'm extremely curious if current unity installs phone home. Just because the company acquired a malware installer doesn't prove it one way or the other, though we'd be fools to assume they're not considering it. I don't think so, I'm fairly certain I can run unity .exes offline, but I don't have the technical expertise to do the research beyond that.

    Delzhand on
  • dennisdennis aka bingley Registered User regular
    https://unity.com/pricing-updates

    This is all they'll say so far, which isn't much:
    uacdcspvarfz.png

    But the one thing they haven't said is "no." That tells me a whole lot.

    Also another bit of not-really-information:
    tt6u01xtggo4.png

    They did originally confidently answer that yes, re-installs will count. They reversed it on the backpedal.
    aa9rjmykvdtt.png

    Here's the current answer:
    vjrjr6jxadhu.png

    Here's a fun bit about unlockable demos:
    vb4dj0l1jz6k.png

    So, yes, if you have a full game demo that is unlocked with an IAP, they'll count it as an install even if the IAP is never made.

    Also, on the topic of piracy, they posted this in xitter:
    gn06od7d9ypp.png

    But in their FAQ it just says:
    10qyaf8s76cs.png

    And the obvious question (to these answers to obvious questions they didn't bother addressing in the first place, or addressed in the exact opposite of the right way) is HOW? How will they figure out what's a pirated install vs a purchased one? How will they figure out something is a reinstall? How will they figure out some steam key came from a charity bundle and not from a purchase?

    Unity's confident reply to all of this is, "Trust us, bro."

    Because they absolutely plan to bill you for it. And yeah, you can say "I don't think that's legal" or "There's no way they could ________." But if it's your fate on the line and you just have to hope for some nebulous happy ending, you'll have serious concerns about your future, even if you don't ever develop another game in Unity again.

  • Zilla360Zilla360 21st Century. |She/Her| Trans* Woman In Aviators Firing A Bazooka. ⚛️Registered User regular
  • Anon von ZilchAnon von Zilch Registered User regular
    palidine40 wrote: »
    I'm having a bit of trouble parsing what the punchline is supposed to mean. Can anyone help me out?

    Hey Anon, the easier way to read the last sentence might've been " I maybe would not have done a FAQ ".

    Thanks, that was exactly what I was confused about! And it seems pretty obvious in hindsight. Feeling a bit silly.

  • GiantGeek2020GiantGeek2020 Registered User regular
    palidine40 wrote: »
    I'm having a bit of trouble parsing what the punchline is supposed to mean. Can anyone help me out?

    Hey Anon, the easier way to read the last sentence might've been " I maybe would not have done a FAQ ".

    Thanks, that was exactly what I was confused about! And it seems pretty obvious in hindsight. Feeling a bit silly.

    The text is now corrected so it was definitely a grammatical error.

  • swaylowswaylow Registered User regular
    Loved the newspost. Really wish we could see the first twenty drafts that didn't make it for public consumption.

  • GSMGSM Registered User regular
    edited September 2023
    Erasing the "if you don't like future TOS you can continue to use the one that was current at the time the version you are using was released" clause doesn't just... make that go away. Like, they legally bound their own hands by writing that. They can't just takebacksies it and declare published games are actually legally bound to new rules. Deleting the page and github doesn't erase the past. It still happened, they still made that agreement, they are still bound by it.
    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”).

    GSM on
    We'll get back there someday.
  • RatherDashing89RatherDashing89 Registered User regular
    I might be misunderstanding both the business contracts and the technology. But a developer who does decide to just shift away from Unity entirely for future projects (which I understand is a huge endeavor, but for some it might be worth it)...if said developer does not need access to Unity in the future, and Unity keeps invoicing them for installs of their past games...couldn't the developer just...not pay? I don't think Unity has the capacity to actually shut down the games on the user's end, and if Unity has to pursue collections on all those developers, they may have a hard time in court since they are essentially adding charges that were not agreed to initially.

    And when you go to sign the contract with UE or whatever new engine you license...."I see you have outstanding debt to another entity." "It's to Unity." "Got it. Carry on."

  • GSMGSM Registered User regular
    "I have elected to continue using the TOS that you have erased from your website, despite my legal entitlement to continue using those terms. Attached you will find a copy, for your recordkeeping, which you seem to have some trouble with."

    We'll get back there someday.
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