Interesting conversation to read...
1) Selling MOC's of someone else:
I don't have a problem if people rebuild my designs and sell it. Yes, it would be nice if they mentioned my name as credit.. but everyone who buys such a MOC will need the building instructions. That's why I made a background/footnote on every page with the 'copyright design, my web name and real name, and the Lego disclaimer' on it. So, it's absolutely no doubt who is the real designer.
Basically, this is what will happen if you share 'on the web'... and you know it in advance.
2) Selling MOC's for a profit?
I don't think so. I have been in touch with webshops who like to sell my designs.... but until know it never worked out. Reasons are: it takes a significant investment to have multiple sets on stock. People don't want to wait 4-6 weeks after an order (so that the webshop could collect all necessary bricks in the meantime). As example the Dump Truck: 2500 parts; assume 100 euro/dollar to get all the parts (I think it's an under estimation) means an investment of 1.000 euro/dollar for just 10 sets. 100 sets, 10.000 euro/dollar.
And, these sets are not for kids, not for their parents for Christmas to spend. So, are there 1.000 AFOLS out-there which want to buy it? I think most of the AFOLS who rebuild such a set will only buy 20% on Bricklink, the other 80% bricks they already have.
Time: it takes a huge effort for collecting all the bricks for making up a set. The dumptruck has 14 wheels. Most webshops can only deliver <100 wheels, meaning 6-7 sets. And, some bricks (pneumatics) are not widely available. So, if the hour-rate is taken into account, it will drive the set-price up.
My belief is that only one company can deliver quanties, and that's TLC. I think if TLC manages it to improve LDD, AND have a fully automated warehouse for ordering picking per brick.... it could be possible to sell MOC's profitable (i.e. certain percentage per sold set for the designer).
3) Intellectual Property.
I investigated this. Legally you can sell your own MOCS. The essence is that the bricks in your MOC were already sold by TLC in the past. This means, that TLC can not judge you for selling it again (it's just 2nd hand). I checked this by lawyers. The only thing what is not allowed is that your use the Lego logo or make a reference to any other official Lego set, or that you use significant sub-models of an official Lego set (thus: use 8258 truck chassis, or just recolor an official set).
Curious to read your views on this.... Regards, Han