That's the big issue. This is going to hurt smaller developers more because they can't afford to fight it.
The big question is: to what extent to Unity games need to be able to talk to Unity's servers? If they're looking at number of installs (and apparently that includes pirated copies even?), serve ads, and probably provide other services, that sounds like the games need a connection to the server. In which case they may be able to disable your game if you don't pay. And then even if you could sue them, the real damage is already done.
