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Unlicensed code in upstream



I want to discribe in short what kind of problem came up when
I was thinking about packaging asc. I have already asked if
theres is anybody else doing that task at debian-devel.

So my problem is now that in the source tree of asc is a
subdirectory containing poligon triangulization code. asc 
makes use of this code for displaying 3d-objects.
That triangulization code was written by someone else who
is not upstream. There is no license accompaning the code.
Upstream did write a note where he got that code from but
nothing more.

My question now is what should I do with that piece of code?
Do I have to rewrite it to make it legal in the sense of the
debian policy, so that the package is able to go into main?

Maybe I it is possible for me to get in contain with the
author of the code. Then I might be able to ask him to put
that code under a DSFG compliant license.
But what should I do when it is not possible for me to 
accomplish that task?

Thanx in advance for beeing patient and answering my 
questions.

-- 
kind regards,
Michael Moerz



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