Really? It appears you don't understand what his objection is. He simply objects to any patching or updating of anybody's code (unless it's public domain or open source) without the owner's express consent. It makes no difference to him whether you release a binary patch or the complete software.
Thanks for telling me what my objection is. Allow me to correct you - BTW, you got it wrong.
Point one is that I'm not (primarely) concerned about copyright, at least not right now. Copyright is a much more serious matter for commercial use than it is for hobby use. Point is simply:
If you patch a program, make a good attempt reaching the author. If that fails, try again, or ask somebody else with contacts to him. See what the author has to say, listen carefully and try to understand the point, whatever the point might be. For or against, no matter. Be respectful.
If all this fails, there are *still* options to probably organize improvements on old software. Probably even without patching. The danger of this binary patching stuff is: You never know what the intentions of the author might have been, you cannot read the source, and you cannot read the comments in the source. It might be just your problem that you did not understand the interface, or that there is a bug in *your* program instead of the author's code. The second danger is that this causes a chaotic "anti-development" of the software in question because somebody else might *also* have an idea what would need fixing. And probably such "fixes" do not even work with each other, or mess up the software completely. In worst case, we end up with N totally incompatible versions of the software, and program A working with version 1 but not with version 2, and program B just the other way around...
So for example, if you want to update such old software, probably try to find a group of people that are interested in the same old code, get organized, and - after some good testing - release a patch and make this group of people responsible for the code. Or try to reach the author as a group, organize a petition.... There are many ways. These ways are more complicated, but they will probably yield better software, or - gosh! - even legal software. (There is the copyright argument).
Problem is: Nothing of that happened. In fact, this was a wild-west style shoot-first-ask-later attempt at fixing a potentially, though likely bug, without any coordination and without any attempt of giving the author a chance to even react.
In this particular case, the author is even still around, can be contacted, and should at least be given a *chance* to say something about the problem. Probably not even fixing it, but probably give hints or provide direction. Whatever the answer is: Respect it. It's not your software.
If there is no answer, there is still time to do something. But only then.