question on draws

I know if white runs out of time in this position it is a draw

but how about this(i did actually see this axsact position in a game although as draw was agreed before their time ran out):

Second should be a draw too.

However on chess.com I don't think it would recognise that and you'd lose if you ran out of time.

the staff should add make the live chess server reconize stuff like that. Would it be claimed a draw in OTB?

I'm not an expert on rules but I think it would. There's no possible sequence of moves by which either player could win.

I don't thimk it would be possible to determine the outcome of a game (especially if its a draw) by chess.com without using an engine. It may also sometimes be innacurate. Consider this ; a game may be a theoretical draw (i.e if chess.com puts in place the system you are talking about) although your opponent is running out of time, he may not be able to play accurately to secure the draw. Its therefore a matter of sportmanship to accept a draw if he offers one. Otherwise adjudicating the game because of time won't be fair. After all time advantage is also a winning factor. If you want to stay out of this, then play with the Fischer clock so you can gain time by making premoves

The second example is interesting because the outcome if time runs out depends on which rules apply.  Under FIDE rules, it is a draw because there is no series of legal moves that would lead to checkmate.  Under USCF rules, the player who runs out of time loses because the position does not meet  the insufficient material criteria listed in the rule (this position would fall under the insufficient losing chances rule and the draw has to be claimed and adjudicated before the flag falls).

As an aside.  With the use of increments and time delays, it's a moot point.  Time will probably not run out.

yeah the second one is a draw