I don't think Microsoft would care at all.. they already declaired Win 98 to be a dead OS with very few Critical Updates coming out for it..
their main concern is Win XP SP 2 at the moment...
there is already a Microsoft SP 2 Beta RC 1 available on the Microsoft MSDN download page.. although they are already Beta Testing RC2..
so long as 3rd party put a disclaimer statement, such as quoted above, and Microsoft did not send out a legal Cease and Desist order, then the 3rd party is free to host it.. Muck like I host a SFC XP Fix for SFC 1 which get's SFC 1 working on XP machines...
so long as I include their statement in my release, then they have no problems with it (although i was on the phone constantly with them.
as such, I can now host the file legally without having to distrubute i private as I did before (per Interplay's instructions)
heck Interplay even directs people asking for SFC 1 game support to my site and here to Taldren, which peoplle are then still redirected to my site to obtain the fix...
funny how things work...
but I do have to warn that such software could cause your game / OS to mess up if you do not follow the install instructions exactly to the letter..
I think it is good that people in the public picked up on support for a dead OS to offer fixes that Win 98se severely needed...
now if they only addressed the memory leak issue with 98se then it would become a good platform for older systems.