This all came up with Dave's excellent 'Living Breathing Ocean' mod. Dave really wanted them to use his files, and the Devs wanted to use them, but Ubisoft Legal said no.
In the end, they created files that were 'very similar' to Dave's, but legally not his files, and included those files in the game. They then added Dave to the credits as a thank you gesture for his talent and hard work in improving the game.
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