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How aggressively should non-distributability bugs be dealt with?

I ask because of #242895.  In the Linux kernel, drivers/usb/misc/emi26_fw.h
has a specific proprietary rights statement which does not give permission
to distribute.  The previous kernel maintainer merged it with other bugs
(IMO incorrectly) and proceeded to ignore it for at least four uploads.  The
new kernel uploaders appear to be ignoring it as well.

Personally, I would think that anything which exposes Debian to lawsuits for
wilful copyright infrignement should be removed as soon as humanly possible.
However, I'm not willing to do the necessary badgering of the kernel
maintainers alone this week, so I'm asking what other people think, and if
anyone else (perhaps a DD) would like to take point on this.

There are none so blind as those who will not see.

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