Ethical question

[Jaheckelsafar]

Dutchguy made the original preset. I played and came up with the other tunnel3. I'd like to distribute it, but Dutchguy never gave me the go ahead when I asked and he seems to have disappeared. If I do distrubute he'd get credit for the background because I didn't make it at all, but the movement that IMHO makes the preset is all mine. Could I sneak it in as a remix of a never released original?