I was referring mostly to the creation of NEW sound libraries, there, Y/N.

An iTunes Store model would be a boon to those trying to create new stuff. Mind you, it would also be a good place for those that HAVE created new stuff to prove that others may be copying (by sampling the audio outs) their original content, as it's pretty easy to show, at least with recording acoustic waveforms, an easy correlation between the original and the copy. Then simple banning of the copy infringer pulls the financial incentive for doing so out from under them.

Converting older sample libraries for your own personal use I would think comes under any 'fair use' provision, but taking older libraries, converting them then offering them for sale should definitely only be done with permission (and a recompense) to the original sampler. It's a HUGE undertaking to create a coherent multisample set, especially of an acoustic instrument. No one that takes on this task should ever have their work sold by someone else with no licensing fee.