What are the sample ethics around not just using the same sample that someone else already used, but to the point where it's basically the same beat?

Exhibit A:

Evidence - Throw It All Away
Produced by Alchemist, 2017
https://www.youtube.com/watch?v=ow0dlCS2HH4

OC - Prove Me Wrong
Produced by Apollo Brown, 2012
https://www.youtube.com/watch?v=CUtj0X3BQtk

I know, "you can't own no loops." I mean I can hear the differences but they are pretty small IMO.

Who did it better? I think I'm liking the crispier drums better on the Alc one. But did he flip it enough though??
I know there are more examples out there too, post em if you got em.

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