Is sampling now on shaky legal ground?

An excerpt from the Guardian's article on sampling following Harlem Shake's ​legal  troubles:

"...the not-making-a-dime defence seems to be keeping potential litigants at bay, enabling a return to the unshackled creativity of the late 80s, but it is a precarious freedom. A single lawsuit, and a ruling more in line with Judge Duffy's "thou shalt not steal" views than those of the copyright reformers, could bring the shutters clanging down.

For producers who choose to sell their copyright-flouting work, the situation is even hazier because their only defence is obscurity. Most independent labels lack the staff to vet and clear samples, and most of their artists lack the funds, so some choose to release the records anyway and, perversely, hope they don't become attention-grabbing hits." ​

If there is a negative legal decision on the use of samples in the future then this would have a severe effect on EDM. It could mean the end of free legal downloads of sampled tracks, free bootlegs, and would most likely mean the end of the 100% free release model adopted by such producers as Pretty Lights, who releases all of his tracks for free on his website.