This one is a tough call. If your playing a live game, the position above appears to be a draw. I say "appears" because I'm not a GM or even a CM, thus I am being careful pronouncing the game a draw. However, if we assume the game is a dead draw, you bring up a good point. In tournament play, my opponent and I would probably look at one another and say "draw" in unison! I've played games in which my opponent asked for a draw and after looking over the position I say no. On many occasions, I've gone on to win. However, there have been occasions where it was a draw and I apologized to my opponent!
It would be nice if there was something in place (for Internet games) in which a warning that the position was likely to end in a draw. This way, both players would be able to see that they were entering into a potentially drawn game and act accordingly.
There are people who think it better to play to the bitter end even if it wastes every-one's time. Since there is no rule (here on chess.com) regarding that, it's considered acceptable. I've played games I'm losing looking for a stalemate position so I guess I'm offending someone. Thanks for the posting, you bring up a good point. Just prepare yourself for a few people adding their "two cents" into the thread, postings that have nothing to do with the topic.
I've been playing 10|0 live games on chess.com, and I've recently been running into a strange (and incredibly frustrating) phenomenon. Sometimes I will play a game through, and as the game runs its course, it winds up in a drawn position. However, often times in this sort of game, I find myself down on time. I'm not talking about theoretical, R+B vs R "with best play by both sides" draws either. In that case I would understand if the other person wants to press on and test how well I know my endgames. I'm talking about positions where neither side can make any progress without a colossal blunder by their opponents. This position perfectly describes what i'm talking about.
This position arose after the 47th move, where after which I had 30 seconds remaining and my opponent had 2:30 left. Clearly my opponent, as White, can make no progress here. The knight gets captured anywhere it goes, and the king cannot pass the 5th rank. He has no winning chances. I am also at an impasse, for my bishop is stuck guarding my pawn at a3, and my king guarding the pawn at d4. I only later noticed that ...Kc7! would have won the game for me, so at the moment I would have been happy to accept a draw. My opponent, though, spent the next 18 moves moving his king around hoping to win on time, while I shuttled my bishop back and forth between b7 and c8. I ended up losing on time after my opponent's 75th move!
This is incredibly frustrating. Not only would any tournament director in the world uphold a protest, common decency should encourage everybody to accept a draw in this situation. I know that this sort of behavior is incredibly hard to adjudicate, but there should be more safeguards in place to prevent clearly drawn games to go to losses on time.