Earlier quoted context omitted.
Airfoil, at least, was developed long before Apple had any sort of third party licensing model. Reverse engineering for interoperability is completely legal and ethical.
There's 2 parts to AirTunes (the part of AirPlay that Airfoil and AirFloat use), Sending and Receiving. Up to now, AirFoil only used the AirTunes protocol to SEND streams to AirPlay devices. If you reverse engineer the protocol you can send to any AirPlay device. No problem. It's harder to make an AirPlay receiver, because iTunes won't send anything to an AirPlay receiver that doesn't encrypt the request with the pro…
How do you know there's no problem with AirPlay sending?
Other than Apple's past behavior (which, as shown here and many other places, is no guarantee of future results) I'd have thought the correct assumption is that Apple wouldn't want anything to do with unlicensed implementations of either side of the AirPlay protocol.