Kind of depends on the definition of no one.
If the company puts an artificial proof of work demanding a rack of the latest data center GPUs, that should be illegal.
If the binary has the same hardware requirements that the company used when the service was up, I see it as totally fair.
true, but i think this would be exceptionally difficult (if not impossible) to enforce.
ubisoft would surely be willing to spend an extra $500k on server hardware while developing a $25MM game, and subtlety bloat their server-side code so that they can say "this is the hardware we had to use to run it".
there are a million ways to slow down code/increase hardware requirements that look plausible.