I think it's best that we let David Ulevitch and the crew @ OpenDNS make the money that is to be made off this. He's doing good while doing well.
Why shouldn't anyone be able to "make the money"? The problem with that post wasn't that he was advocating law breaking, it was that it's a marketing missive and inconsistent with community norms, IMHO. That doesn't mean that it's illegal, and it certainly doesn't mean it's ok for one "good guy" to be allowed to profit and one unknown not to. Setting classes of who can profit from NXDOMAIN data creates unfairness in the system and it should be all or none. What you really want to look at is privacy policy. Not all of the good guys are actually good guys in that respect.
BTW: If someone legitimate needs NXDOMAIN data, I do have a bunch.
How much are you charging? -M<