The conclusion essentially boils down to "remixing is not fair use". Today's hip-hop is a direct result of that decision because sampling became prohibitively expensive.
Remember, the session players who wrote those hooks and grooves were not given a copyright. They got paid a flat fee. They could not care less if their drum beat, bass line or horn part was reused in a creative new way. The lawyers of the copyright holders sure do care, though!
This perspective is incredibly obtuse. You use the law (that you fundamentally reject) as a justification for a semantic debate that no one is having.
Whether you label it as infringement or theft, the impacts are identical. Regardless of the terminology, you are withholding a payment that is owed for something you've unlawfully taken.
Check your footing, your moral high ground is located in the Mariana Trench, alongside debtors and fraudsters.