Here's a little piece of the Unity weirdness I haven't seen anyone mention yet:

Every time we developers pop a game up on a storefront (Xbox, Steam etc) we warrant that we have the unconditional right to do so.

So if it turns out Unity _does_ have the right to demand money for games we've already released, then sure they'll hit up Nintendo and friends but ultimately we could be at fault for fucking up the distribution agreements.

@Farbs I dipped back into Twitter a bit this week and there are definitely publishers realizing that they’re stuck in a trap. If this retroactive TOS change holds up legally it will have implications on every sector of the economy.