Juristis
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I see a contradiction in Oldboy's arguments – on the one hand, when discussing the ban on necromancy and troop experience, he uses the argument that it "enriches the game," which is true. On the other hand, when discussing the patch, he seeks justice rather than enriching the game.
It's obvious that the current patch rule enriches the game compared to "fight or run." This is precisely what makes it valuable – it causes immense frustration for reckless aggressors.
The only exception I see is battles with handcuffs – there, it's truly a fight to the finish, and the advantage of the defender should be limited to "if both stand still, the attacker should move forward."
Added 2 minutes later
Oldboy, the option of a draw in the game is such a bizarre idea that I'm amazed you don't see it yourself. Having to replay an entire game because of some trivial reason – that's quite an idea. Considering that a game in Heroes can last for several weeks, for example.