You mentioned a way around the license agreement. You do not have to have an agreement with Ford unless the item being reproduced has the Ford Logo or Mustang name or Logo.
Some say the spoiler has no affect on the car and does not work front or rear. I would disagree with them. If you drive a car without them at high speed and then put them on you can feel a big difference in how steady the car is. If you put your hand out the window at 130 mph and rotate you can feel huge pressure and also lift and down force depending on angle. Put the 5' rear spoiler on and it also breaks up the air coming across the top of the car and helps to fill the low pressure area at the rear of the car.
David, We know that sometimes companies make similar products to replicate factory originals, but have to change them in certain ways so they can get around copyright issues. Case in point is the flat leading edge on the spoiler NPD sells. Other than it's lighter and different construction, the shape is otherwise the same, or very close to it. If I'm correct, the same spoiler was used on Mopar cars as well, so it might not have been totally a Ford product. Only the mounts have the Ford logo and number on, the spoiler does not ( that I could find anyway). The slightly different placement on the trunk lid, might also be a way around a Ford factory licensing. As I never had the template from the NPD spoiler, this is conjecture on my part. It could well have been miss-positioned by whom ever put it on, albeit exactly positioned, if that makes sense. I hope that explains my "theory".
As for downforce effect, absolutely it makes a difference as long as the angle of attack is correct to get the most out of it. That is a matter of playing with it. I remember talking to a guy who had his on backward. He said the car was awful at high speed, DUH! Next time I talked to him, he had changed it around and said he couldn't believe the difference.