The cases where the new terms will apply seem to apply primarily to paid flash-based games. The problem is: who does pay for flash games? These games are not on mobile devices and on my browser I have never felt the need to purchase a Flash-based game.
So, to me, it looks more like a scare tactic aimed at Unity’s developers. This will protect the development tools that Adobe is selling. Let’s be frank: you either provide the tools for free and charge for the distribution (the Apple way)or you charge for the tools and provide the runtime/distribution for free (the Adobe way). It might be a generalization, but the gist is there. Is Adobe planning to give the tools for free? I am sure as hell they’re not. So, we should start complaiing that Adobe is not open and that they are imposing unfair controls on developers. (Does it ring a bell? – Adobe vs Apple)