It's not wasted if its fixed for me
Actually, that's not the case if you're in this country in this one instance.
Here's an except on fair use:
While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use:
- the purpose and character of the use (commercial or educational, transformative or reproductive);
- the nature of the copyrighted work (fictional or factual, the degree of creativity);
- the amount and substantiality of the portion of the original work used; and
- the effect of the use upon the market (or potential market) for the original work.[4]
But then again this only even matters if a work is copyrighted but it didn't have a copyright notice or license agreement and as the original author, he chose to make it free for a reason which is the exact reason if I manage to fix it, I don't want to selfishly keep it to myself. I'm really just making a point though considering I already e-mailed him regardless of needing permission.

Permission to post on the site, true, but then again I haven't the slightest idea how to do that yet either. I wanted to fix it for Win8 so its usable again and mail him a copy to post next to his other versions on his profile. There's actually not much that needs changing either aside from a few misaligned frames. The rest of it is really well done so it seems kind of a shame to let it goto waste over something so tiny. Wouldn't you be flattered if someone liked a particular theme of yours so much that they took the time to fix it just so the hard work you put into it could continue to be used?
By the way, do you happen to know why on his profile it says he hasn't been on since like 2011 while he's still been posting new content and forum replies just a few months ago? I saw that first which is what made me think he might be long gone by now and it wasn't until looking through the themes that I noticed it and decided to give messaging him a shot. Kinda curious what the profile date is even based off. Anyway, just messaged him last night so we'll see. I've been trying to find a skin that I can run while still keeping my system looking mostly like a developer box should. I went through yours in the process as well. I just have to ask...is that the Diablo font on a couple of them? I always loved that one. It always gave the perfect touch to each of the series.