i'd say that technically, viking gained permission from the artist (who he and i both know) for this whole thing to happen. if you were to release the track ona commercial release, i'm not sure anything would happen as you had permission to use the tracks. would you be a super big A-hole for doing such a thing........YES.
i think it comes down to how you choose to treat people.
in this particular case, i would not only credit the original source and people who worked on it, i would contact them and ask how they wanted to handle it.
aside from paying the drummer a small "session" fee, i'm not entirely sure i'd offer anything else.
i tend to agree with the government, honestly......it's not a decernable melody that you've "stolen". it's just drums.....you could rebuild that entire song using samples and a drum machine......