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I heard a story that Aqua sued someone over a stolen kick... But don't quote me on that. (The moral of the story is, I guess, don't steal the kick from a track that's been at no. 1 in the charts...)
Sampling then processing is still illegal, as you'll quickly find out if you try to sample Michael Jackson.
I started stealing kicks recently, after a great deal of frustration trying to use sample CDs. I have to say that leaving hi-hats in can sound really good... I recently just chucked two ripped kicks into a good sampler (NN:XT is brilliant here for Reason people, otherwise see Kontakt, Intakt, Halion, etc.) and set low-pass filter envelopes on each to wipe out the top of the hi-hats while keeping that lovely hi-end info in the attack phase.
The result was a kinda Bom-ada-Bom-ada sound which actually helped the groove no end! Gave everything else something to hang from, and helped the creative process.
Funnily enough, I recently found myself making good kicks from sample CDs, after all that. (I was showing a friend around Cubase SX, and he only had sample CDs around) The technique is quite simple - find two or three kicks. One should be very subby (usually there's a sub-bass kick directory in good dance sample CDs), one very 'pokky' (like a pop kick) and (if you feel like it) one should be kinda plump and mid-rangey. Layer them together, and swap em around until you have the beginnings of a good kick sound. After that it's just a matter of multi-band compression/EQing/etc. etc. etc. to taste. You should be able to get away with a little high & low end excitement, or a bit of distortion... Whatever.
I guess working closely with good kicks helps give you a feel for what makes a kick work...

Tequila
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