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Unity to Update Terms of Service Following Improbable Dispute

Unity will be updating its terms of service on Wednesday, and will be hosting an AMA on Reddit “to help clear up outstanding questions,” a spokesperson told Variety.

Unity CEO John Riccitiello and co-founder Joachim Ante will be participating in the AMA, scheduled for 10am PST in the r/unity3d subreddit. They will be answering from the user accounts /u/Unity_John and /u/Unity_Joachim.

“Thank you for your patience,” writes Unity in a tweet. “Tomorrow morning, we’ll be updating our Terms of Service (TOS). You’re all invited to join us Weds, 10AM Pacific on r/Unity3D for an AMA where John Riccitiello and Joachim Ante will be answering questions. We look forward to hearing from you then.”

This follows claims last week from cloud gaming service Improbable that Unity’s current terms of service – updated in December 2018 – disallows services like Improbable’s SpatialOS from functioning with the game engine, putting projects which use both SpatialOS and Unity at risk.

“Worryingly, this change occurred during an open commercial negotiation with the company to find a way to do more together,” Improbable said at the time. “In addition, Unity has revoked our ability to continue working with the engine for breaching the newly changed terms of service in an unspecified way. This will affect our ability to support games.”

Unity issued a statement in response last Thursday refuting some of Improbable’s claims. The company said it terminated its relationship with Improbable after the developer violated its terms of service and negotiation failed. But, it stressed that anyone using SpatialOS will not be affected.

“Projects that are currently in production or live using SpatialOS are not affected by any actions we have taken with Improbable,” Unity said. “If a game developer runs a Unity-based game server on their own servers or generic cloud instances (like GCP, AWS or Azure), they are covered by our EULA.”

In the statement Unity said it was excited to explore ideas with the SpatialOS creator when initial discussions began over two years ago. But the developer “chose an approach which doesn’t involve partnering with Unity, but instead involves making unauthorized and improper use of Unity’s technology and name in connection with the development, sale, and marketing of its own products,” says Unity.

“Recent actions did not come as a surprise to Improbable; in fact, they’ve known about this for many months,” Unity said. “Two weeks ago we took the action of turning off Improbable’s Unity Editor license keys. This is a unique case — and not a situation we take lightly — but Improbable left us no choice. This was the only course of action to protect the integrity and value of our technology and Unity developers.”

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