Can you afford to pay the legal fees to prove that it's illegal, even as Unity continues to drag out the fight with procedural motions, appeals, etc?
Can you afford to bet on winning?
It really shouldn't be this way, and I hope that we will see a time when "that's illegal" means that a company like Unity wouldn't even consider doing it. But as things stand, something like this is often only illegal in practice when it's done by people without the resources to fight lengthy legal battles.