Originally Posted by
griffin
You're talking about the Hasbro market, while Sky Shadow is talking about the JP market.
You are probably correct in saying that Hasbro could possibly release a Gen1-replica Shockwave (because they had the rights to it at one time)... But TakaraTomy wouldn't, because they never had the rights to certain toy moulds or likenesses (Shockwave, Dlx Insecticons, Jetfire).
This would mean that Hasbro could well do a MP Shockwave without any other company disputing any IP ownership, but it would be a Hasbro exclusive like MP Megatron was exclusive to Japan (for different reasons).
As Sky Shadow was suggesting, TakaraTomy may well get away with something modified enough (that didn't upset fans for being too different to the original), but there would be people in their legal department fighting them on it, to protect themselves from being sued for copying/profiteering from a toy design that wasn't originally created or currently owned by them.
It's like with the Henkei/Classics Jetfire toy being done to look like Skyfire in the cartoon - to avoid having the current owner of the Macross/Robotech toy claiming that Hasbro/TT were copying their Property, if it had looked anything like the original Gen1 Jetfire (in both modes).