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Octave-forge and legal issues

I have resolved most of the problems with octave-forge this package except one, and I don't know how best to proceed. Someone discovered something in the source tree that I had forgotten about: there is a nonfree source tree containing a few functions whose license prohibit commercial redistribution. The nonfree tree is not built into the resulting RPM, but the source would remain in the source tarball. I see the following options:

1. Ask the legal department if this is allowed and can stay as it is.
2. Create a modified source tarball with the offending code removed. This would be easy, but the source wouldn't match the upstream source.
3. Get the upstream maintainer to remove the offending source code (this has been discussed and he has expressed a willingness to do that, but I don't know how soon the next release will be, the current one is 6 months old).

Right now, I'd like to go with option 2 because it's something I can do without waiting for anyone else. My question is, does this break any established rules or preferred ways of doing things?


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