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Is it ever ok?

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I've wanted to remake this hack. I'd like to use the level files.. I asked the authors permission, but they haven't been active in a year and half. When if ever is it ok to just go along without permission?
Considering the fact it is a fixme hack, as long as you give the author credit for the original level design, I don't really see a problem with it.
I would definitely give credit. Thanks for opinion.