As to why there is a gray area for DP/licensed stuff, that is pretty simple. With the exception of Master Replicas, no licensee (in most people's opinions) has ever made a quality, screen-accurate prop. Most are scaled down or mis-shapened. We, as costumers and collectors, strive for screen-accurate parts. To take something that they created (a lot of the time having the real deals for reference and still get it wrong) and improve upon it, knowing that their license has expired (DP lost theirs back in the '90s) is not taking business away from them. Does that justify it? No, but that is one for each to decide themselves.
As for recasting "found parts" like Paterson tools, MQ-1s, and Webley's, those are fair game as they are obtainable. Now buying said copies from another member and copying it to sell is another story.