I think that kind of boils down to the ‘spirit of the law’ kinda thing.
Windows 98, conversely; cannot run modern software, and the majority of software in use for the last decade - it is only going to be installed as an experiment by geeks like us, for the most part.
It's not really the "spirit" of the law. It's more like a risk/reward calculation.
Sometimes you just have to take calculated risks. Like the sites that have VT100 ROM images for VT100 emulators.
The risk of getting a C&D letter, or worse-yet a lawsuit, are tiny compared to the reward of being able to emulate and study a classic computing system. The copyright owner may be more than happy to look the other way.
And there really are cases where the company that owns the copyright is simply gone. Then it's probably safe to take a chance on it.
Windows 98, conversely; cannot run modern software, and the majority of software in use for the last decade - it is only going to be installed as an experiment by geeks like us, for the most part.