Now stealing enough to hurt the original is a different thing.
I have, on rare occasions, heard something with lifted parts and went back to listen to the original again, so the original actually benefited from the "piracy".
When swing made the brief comeback with Big Bad Voodoo Daddy, Cherry Poppin' Daddies, Squirrel Nut Zippers, etc.... there was a band called The Atomic Fireballs, and on one of their songs the sax solo started with a direct, exact rip from Clifford Brown's The Blues Walk. That caused me to go out in search of and found a great chart as revisited by Hal Leonard. Made me want to buy a Zoot Suit!!
And in that song was a subtle homage to Night Train!
This sampling lawsuit nonsense is just that. Phil Collins sued for lifting his snare drum sound. Now SOUND is a basis for litigation? I mean, Harrison lifted He's So Fine for My Sweet Lord, that was obvious. But a SOUND????
I have a big pill bottle full of dried Lima beans that I use for a deep pitched shaker. I hope The Jolly Green Giant doesn't sue me.