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DISCUSSIONS on “Rules for online games in HoMM3 and formulas for calculating player rating.”
Rules are needed for clarity, and ethical and noble issues should be resolved through mutual agreement.
Why isn't a draw considered? Simply because the attacker can often initiate such stalemate situations, especially when the opponent has a lot of slow units. I'm not even mentioning the fact that such a situation can arise in a battle of weak units. Otherwise, it's simple: if you attack and can't win, retreat.
Why don't troops fight? Because it's pointless to force the player to make deliberately losing moves.