It's a minor component part of the song - the court was right
I'm guessing the Sabrina Setlur track isn't to Andrew's taste then.
Listening to the two I am inclined to agree with the court. It's just a 2 second drum/rhythm loop which in itself is hardly massively original. It sits deep in the mix and isn't a major component of the song. It's a far cry from the way The Verve's poached strings featured in Bittersweet Symphony.
A line certainly needs to be drawn somewhere. But perhaps it takes a little more musical insight than the article here offers (beyond slagging off the 1997 track) to work out where that might be.