"H-Zone" and "Magic & Mayhem for Heretic"

I agree, but I have a couple of questions.

Grazza said:

If something posing as shovelware actually violates copyright, or contains proprietary material, then that violating or proprietary material shouldn't be distributed.

What about the ones posted by omyv? Or this one? They contain copyrighted/non-distributable material (or at least they did at some point, which may not be longer applicable, but certainly it was the case some time ago).

The thing is, if some obscure shovelware CD contains 500 freely distributable/available wads and 2-3 that doesn't have those permissions, how can we know if we can/can't upload them? Where do we draw the line?

That disc itself was illegal in the first place though.