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dsmart's profile
Derek Smart
Derek Smart
Derek Smart
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@dsmart

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Derek SmartVerified account

@dsmart

oldest #indiedev fossil. was indie before it was a thing. science & sci-fi aficionado, gamer, game dev, writer, entrepreneur, the Battlecruiser guy

USA
linkedin.com/in/thedereksma…
Joined January 2008

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    1. Mark‏ @Mark13139540 Jan 15
      • Report Tweet
      Replying to @dsmart @ceciphar and

      Unity added clarity via a EULA change. _Exactly the same as Epic_ Improbable was already in violation of the EULA long before the EULA change.

      1 reply 0 retweets 0 likes
    2. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @Mark13139540 @ceciphar and

      I find it hard to take people seriously when they create throw-away accounts in order to - in bad faith - engage with people taking part in meaningful & consequential discourse. Your arguments make no sense, and they are wholly without merit. Nice try.

      1 reply 0 retweets 2 likes
    3. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @dsmart @Mark13139540 and

      Most of us old school types tend to research the facts surrounding the discussions we engage in. Especially where it pertains to hot button aspects of industry shenanigans. Here are some FACTS for you. Pay attention because I am only going to do this once.

      2 replies 0 retweets 0 likes
    4. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @dsmart @Mark13139540 and

      1) Unity didn't add 'clarity' to a murky or confusing aspect of a pre-existing EULA. They made a NEW revision that constitutes what's called a 'material change'. They have the right to do that. I have compared ALL versions of their EULA and it's pretty clear

      2 replies 0 retweets 0 likes
    5. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @dsmart @Mark13139540 and

      2) With that change, they unwittingly (I believe in benefit of doubt) created a problem that 'materially' affects pre-existing as well as future licensees. This then required the need for them to curate an exceptions list from the affected licensees

      1 reply 0 retweets 0 likes
    6. Derek Smart‏Verified account @dsmart Jan 15
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      Replying to @dsmart @Mark13139540 and

      3) The guys @Improbableio were already working on the UE4 & Unity GDK long before the EULA change that put them in violation of it. And that's a fact. Get this. Without the Unity GDK, you could have still used SpatialOS for Unity without violating the old EULA.

      2 replies 0 retweets 0 likes
    7. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @dsmart @Mark13139540 and

      4) There are two sides to every story; and the Unity side - without ambiguity (like the original Improbable statement) - made clear what happened. But they didn't say how or why. There's a reason for that; and I already laid it out in my thread. It's pretty clear too

      1 reply 0 retweets 0 likes
    8. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @dsmart @Mark13139540 and

      5) I could suddenly tell my neighbor to stop walking across my lawn on the way to the lake - without giving a reason. And I don't owe anyone, especially the neighbor, an explanation. My lawn. My property. My rules.

      1 reply 0 retweets 0 likes
    9. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @dsmart @Mark13139540 and

      6) Unity has every legal (moral obligations aren't typically the cornerstone of corp behavior) right to do what they did - and they don't owe anyone an explanation; beyond the language of the EULA

      1 reply 0 retweets 0 likes
    10. Derek Smart‏Verified account @dsmart Jan 15
      • Report Tweet
      Replying to @dsmart @Mark13139540 and

      7) Improbable knew this. But they also knew the implications of getting their Unity license yanked because it meant a massive loss of revenue for one of the top licensed engines in existence.

      1 reply 0 retweets 0 likes
      Derek Smart‏Verified account @dsmart Jan 15
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      Replying to @dsmart @Mark13139540 and

      8) It's like Netflix losing the right to stream Marvel movies. Sure they will survive, but it comes at a cost to the bottom line. The Linux foundation could pull Microsoft's license and kill (shitty) support for it in the Windows subsystem - and nobody would blink.

      6:12 AM - 15 Jan 2019
      2 replies 0 retweets 0 likes
        1. New conversation
        2. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          9) When they (Microsoft) opened over 60K patents to Linux, most of us were like "Oh, OK then". The reason? It wasn't that the gesture was not welcomed; it's that they were already embroiled in decades long bs because of Windows v Linux - and we could only watch

          1 reply 0 retweets 0 likes
        3. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          10) When Unity - legally - revised their EULA by making a material change that altered the landscape bad enough to warrant an exceptions 'kill list', they threatened to put a partner out of business by not only excluding them from the list, but also by pulling their license.

          2 replies 0 retweets 0 likes
        4. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          11) That they didn't even give (at least the public) a reason for what they did other than a template "violation" cause, is what should be of the utmost concern (warranted or not) to every dev that uses Unity. As a Unity dev, I don't say this lightly.

          2 replies 0 retweets 0 likes
        5. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          12) And if this was ever an issue where a lawsuit was evoked, my guess is that whatever the reason, it would most likely lead back to i) Unity's 2017 purchase of Multiplay ii) license revenue - because all of this points directly to Occam's Razor

          1 reply 0 retweets 0 likes
        6. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          13) Finally, when you take all of this into context, and you go back and review the UE4 EULA and its revision in question, it should be painfully obvious that Xamarin was operating based on an unclear aspect of it....

          1 reply 0 retweets 0 likes
        7. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          14) It wasn't a 'material' change that suddenly put all UE4 licensees at risk, let alone require an exception 'kill list' as remedy. No. It basically added clarity to a specific section which was murky enough to cause a licensee operating WITHOUT first seeking said clarity.

          1 reply 0 retweets 0 likes
        8. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          15) False Equivalence aside, your inference that Epic Games did the same thing as Unity, is not only flawed and without merit, but it's also based on ignorance of the facts surrounding the two incidents.

          1 reply 0 retweets 0 likes
        9. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          16) And unlike Unity, Epic Games didn't need an exception 'kill list', as there was no need for remedial action in order to 'save' a licensee that was found to be doing something they weren't supposed to be doing in the FIRST place.

          1 reply 0 retweets 0 likes
        10. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          17) Unity could have added Improbable to their exception list if they wanted. But they didn't - for a [still private] reason. That's why their baseless exception for users of SpatialOS is laughable because the devs are still UNSUPPORTED by Improbable NOT having a license!

          1 reply 0 retweets 0 likes
        11. Derek Smart‏Verified account @dsmart Jan 15
          • Report Tweet
          Replying to @dsmart @Mark13139540 and

          So that is why @EpicGames & Improbable felt that a $25M fund to assist @unity3d devs who wanted to migrate to UE4, was a plausible remedy. Yet still, not a SINGLE dev that I know of, ever looks forward to an engine switch; regardless of who is paying for it. {end}

          0 replies 0 retweets 0 likes
        12. End of conversation

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