Well it shouldn't matter which computer system a game is made for (unless there is a different copyright holder for each computer). Otherwise it's the same. It's like Maniac Mansion for Commodore 64. You can easily download it, because nobody is enforcing the copyright law for the C64 games, but LucasArts is still the copyright holder and they haven't allowed the hosting or downloading of the game (but they haven't set ESA upon those sites to shut the downloads down).
But like Reup said - maybe HOTU has a different agreement for ESA protected games... I'm not a member, so I wouldn't know.
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