Wow! I didn't realize ProTools had done that... they really suck more than I thought! But I guess if you're that worried about actually competing, then you've got to do something.
My guess is that VSL's instrument samples will be accessible at some point. And Paul already mentioned the idea of bouncing the notes you wanted to use outside the VI, so I don't imagine there's any legal issue... I guess there probably won't be any great reason for the average user to pull individual samples out, but you never know -- I could see people writing specialized scripts for Kontakt 2 or something, and wanting to use them with the newer content.
To be honest, I'm just a bit bummed that the program I've worked almost 2 years at developing, and which is now working well enough for release (just needs some GUI stuff added) will be limited to only the existing material, and won't be able to access any new samples from this point on. I've put in a huge amount of time and effort, particularly into the extremely difficult problem of making one tool that could adapt to a wide, and somewhat unpredictable range of VSL libraries... the question of generality was a big question. But now there will no longer be any question... it's all locked away (well, maybe not forever).
I will probably still release my tool, as it will certainly help those of us who can't afford Vienna Instruments (though it will be Mac-only for now, and with the proprietary move on VSL's part, it will probably stay that way). But it's sad to think that it won't be able to access any new content. But I suppose I am sort of like "competition"... sort of...
(As a bright spot, I have been working on an interface element to allow mixing of non-VSL with VSL libraries, to create hybrids capable of the same level of automated interpretation. That should place a little light at the end of the tunnel!)
J.