You know, I have to say, that given what we know now, even without clarification, it is clearly risky in the short term and dangerous in the long term to be using tools like Unity. That is, if you plan to base a business on the iPad, iPod, iPhone platform.

It's also a somewhat stunning to see people pondering whether or not Apple can be sued. Clearly most people here are unfamiliar with the licensing terms of other mobile gaming platforms. The terms for Nintendo, for example, are far more egregious. And if the mobile gaming terms scare you, then you should refrain from even looking at the terms for big three console development.

My point is that if this is to change, it will not be in court that the change happens. Running to the government should, in general, be avoided in all entrepreneurial activities. It invites 'help', of the kind that may be unintended.

Vote with your IP on this issue. If you think these terms are bad, don't develop for Apple's platform. If enough developers stop developing for it, things will change.

If you try to get around it by using something like Unity that compiles to C, Apple is just going to gain access to Unity, ascertain the 'fingerprints' if you will, and ban you on that basis. Software forensics has been around a good deal longer than Unity, so I would not bet against it. The only question is whether or not Apple cares to be strident about these rules. And if I am investing my money, I wouldn't bet against that either.

And really, why play cat and mouse, when you can develop elsewhere? For web, or for Android, if Google ever figures out how to deliver a package attractive to consumers.

I realize I am proposing that we engage in a massive game of the Prisoner's Dilemma, but talking to Apple won't work. They may be willing to accept something now, but not in a year. So you're still screwed.

Best to vote with your IP.

Unity is probably the most broadly used tool that's impacted by this change; many popular games are made with Unity.

Apple is aware of this - they briefly rejected all Unity games in November of last year for unpublished APIs before an update brought Unity back into compliance. http://toucharcade.com/2009/11/12/ravensword-and-many-other-... http://forum.unity3d.com/viewtopic.php?t=35744

I'll be very surprised if this language isn't modified to give Unity a pass, or to relax this rule for games.

I've heard they're confident they're in the clear, but I wonder if Apple will be forced to ban them to not lose some sort of legal dealings