Not exactly. TNG and DS9 frequently accepted spec scripts from freelancers, who were required to be paid under certain rules for the story.
What you're saying is that when TNG and DS9 bought material from freelancers they paid the freelancers. That's not what's being discussed here.
I guess what im trying to say is that if CBS bases a story off a published, unlicensed work; is there any grounds for the creator of the story to claim that, putting aside the IP elements for which he didn't have permission to use, that the studio used his work without compensation?
Regardless of the probability of
winning (a long shot) such a claim.