Generally speaking, if someone enhance a 3rd scenery, it's ok as long he doesn't distribute other developers files, or modified versions of other developers file.
Some examples:
- Distributing a GSX Level 2 .INI file that enhances an FSDT, Aerosoft, FlyTampa, etc. scenery is entirely legal, and it's ok asking money for it.
- Distributing a GSX Level 2 .INI file *TOGETHER* with a modified AFCAD, derived from the original one supplied with the scenery, is NOT ok, without the scenery developer permission, regardless if the work is offered for free or not.
- Distributing a .BGL modified, for example, to exclude static jetways from a FlyTampa or Aereosoft scenery, is NOT without the scenery developer permission, regardless if the work is offered for free or not.
- Creating some kind of software that will exclude/patch objects from 3rd party scenery, acting on the user's file on disk (so, without including any files), is surely legal, but it must be done with care, and with all the possible precautions to do backups, informing users of what you are doing.