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Think the current WWE stance is they can show stuff that involved Benoit as long as it doesn't involve promoting or focusing solely on Benoit. They wouldn't bother with a DVD set for Benoit but can still release matches he was in either because of historical importance or it benefits whatever DVD set they are promoting.
They could get around some of the PR issues if they were to donate a portion of the sales to the name of the foundation that's in Nancy's name.
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