If the individual in question hasn't got the separate permission of the creators, then it's all down the licences included in the mods/patch.

If the mods/patch has a 'May not be used for a commercial purpose' then it's a breach of the conditions under which he downloaded it. Selling stuff is a commercial purpose, whether he makes a profit, a loss or breaks even out of it is neither here nor there.

Anyone got a copy of the licences of those mods so we can have a look?