What's the consensus on if he were to not distribute any of the original code at all, but rather a file containing his own code that could be overlayed onto the freely available original code? You would be, in essence, modifying your own machine (which you are able to do to your heart's content) with instructions on how to do it. Since it would be rule changes, bug fixes, and pointers to sound calls and video that are already on the machine no IP or licensed or copyrighted material would be included with the patch, just a modification to the original code.
You can download the current code today and burn it to a rom without any legal problems. What would be the problem with downloading the code and changing X = 3 to X = 10 in the text file before you burn it to your EPROM before installing it in your machine?