First of all: I think legally it will never uphold in court as there is no way that its 100% clear that some-one is reselling it or selling it as made from scratch. There is NO signature and its all just settings.
Second: there is a market (hey, im part of that market. I bought 3 packages). And thats OK. I have seen several shops already with axe fx presets popping up. and the also sell kemper stuff or line 6 stuff.
Third: today there is a social or unspoken rule already exsisting as many do not place presets based upon others work that is sold
BUT: in due time as more and more people are selling there will end up presets with similar settings or close. Then it will be very hard to say: thats mine and I own that idea. I think no-one really owns a block or a preset.
Example: I bought a preset and someone did a great job getting a sound. I then look into all preset settings how some-one got this preset working. Then with that knowledge I make my own preset from scratch with another amp and tweaking and it.
I make a video of this preset and how I made it and put my preset on the forum and in axe exchange with reference to either moke, fremen, danzi, preset a day, edo, yek, how-ever. At the end there seems to be similar settings then the one I never saw, did not buy, but looks close to one preset of a commercial pavkage and get accused i copy pasted his/her work. I really put time and effort into it. Its different, but i used the knowledge of all of the people above, manual, wiki and videos.
1. Would that be OK? (giving it away for free that is)
2. Could I sell this preset?
3. Do i give support only on Q3.3 or do people expect to have support till Q10
4. What is the rule on enough tweakes or time put into it to be sure that knowledge gained is ok to put it out there....