Well, my musical upbringing in Hip-Hop would never allow me to buy drum CDs or sample "Impeach the President", that Bobby Hutcherson break, Al Green, "Substitution", or any of those CDs. But that's just ME, cuz even Pete Rock has copped some drum CDs. I just dig and dig deep. Shoot, I drop the needle, buy different size rubber and metal balls, etc. I stopped using full loops of breaks, too. But, again, that's just ME. So, I really don't care what engineer says about whatever, I'm never going to BUY drums off some dude. I think I'd get physically ill.
But, you are exactly right, this court ruling may put a stop to blatant biting for the upcoming artist or producer. But, it may also but a divide between those who CAN afford to clear that oh-so-popular sound that's more "marketable" than taking a chance on a newer---even though FREE---sound. Sad situation.