After some sleuthing i found that it cannot creat the dplayx.dll for some reason C:\Windows\SysWOW64\dplayx.dll, access denied even with admin rights and given it everyone status. very weird.
my guess is that if you carried over an OS from windows 7 or 8 it had more compatibility. I had troubles playing command and conquer red alert 2 with the same direct draw issue had to use windows 10 work around with a ddraw wrapper. Seems win 10 is fundamentally missing this feature if you never had any previous windows installed. Guess im boned.Will have to make a virtual machine just for the app it seems.