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Unity themselves have committed to that option (if you don’t like our new future TOS, keep the old version and don’t update) in writing (that was in their deleted github repo). So it seems extremely likely that they would lose in court.
The key words in the above are ‘in court’. If you’re an indie unhappy with an x*$.20 charge, chances are a lawsuit will not improve your day.
White-collar crimes. No mandatory minimums on any of those.