Mods Rule 3 Clarification

I realize what I'm about to say may spark emotions with some people here, trust me we all feel it, please lets not revive years old arguments. Like a sore on ones body, better let it rest and not aggravate it.

As we all know, we need an authors permissions before releasing a mod that uses their assets, and releasing updates to mods when the author can't be contacted, has long been accepted as ok even if the update contains the original assets.

The question I have is this: Are we allowed to release updates to mods (not containing original assets and therefore there is no legal precedent for an author to deny this), of an author that explicitly prohibits any additions being made to their mod? Also are we allowed to release patch fixes even if it contains some originals works? As the DMCA has an exemption for repairing goods and for modifying goods for interoperability. So really the question is if moderators are ok with this and not posing additional restrictions to maintain the good, healthy environment on this forum.

Unless you are a moderator, please do not say "yes it's ok" or "no, it's not allowed" as this is nonconstructive and unhelpful, unless you are also proving a source where you can quote a moderator saying so.