The argument is just about how the known probability of existing in a simulation goes up the more intelligent life we know to have existed in a simulation. Keyword being "known" as it's the knowing, for a fact, that the odds exist that makes for an interesting thought experiment, especially when the odds of simulation are higher than not.
The actual probability is inherently unknowable for the reasons you've pointed out.
Unity was sold on no revenue share, just paying for your dev seats. That they not only tried to weasle out of this by inventing an "runtime fee" but also applied it to already complete games is a fundermental break in trust. There's no ammout of walking it back that can fix that unless they're going to fire anyone who thought this was a good idea. Which of course they're not going to do meaning things like this remain in the table.