Drum Module Samples

You cannot claim that these drum module samples are public domain for the same reasons you cannot claim that Slate samples are public domain even though they've appeared on thousands of records themselves.

Well, what im saying is that there are companies out there selling the D4-samples without any consent from Alesis, and it is pretty likely that some of those samples have been bought illegally and been used on records in the same way as the amen break.. thats why i think this blurs the line a bit.

Just look at http://alesisd4.com/.. if i buy the samples from them, and use them on my record, can i be sued by Alesis for copyright infringement?
 
Well, what im saying is that there are companies out there selling the D4-samples without any consent from Alesis, and it is pretty likely that some of those samples have been bought illegally and been used on records in the same way as the amen break.. thats why i think this blurs the line a bit.

Just look at http://alesisd4.com/.. if i buy the samples from them, and use them on my record, can i be sued by Alesis for copyright infringement?

Yes, you could be sued. Absolutely. It won't happen, but that's not making it anymore legal.

It's like buying a copied DVD etc.

It's Alesis' loss if they don't pursue legal action against these sites, but just because they don't pursue legal action it doesn't equal an allowance.

Just like these sites selling cracked plugins (Waves etc.), even though you paid for them you don't have the rights to use your pirated product.

Alesis' main operational field is selling hardware, that's probably why they haven't bothered yet to take these sites down. You could only guess. But it's the same thing as if you'd go about selling Slate samples, people just don't do that because they're watermarked and the Alesis samples aren't.

Copyright issues are always depending on context, that's the reason why the laws aren't overly specific, so that judges can decide on every case individually. But I guarantee you, no judge would agree with these samples being "public domain".

If we'd be talking about some ancient drum machine samples, 808 style etc., that might be different.