A guildie passed me the icy rainments on my Warforged Sorc in a PuG run, and I looted it. Granted, I was capped and about to TR to an A/C build, AND we did mention it before hand if it dropped for either of us, it was going to me. However, not everyone will mention these things beforehand or afterwards. With TR, it's really hard to complain. Maybe that's the last spot of gear he wanted before TRing. Maybe the guy is just a ****, and plans to vendor it. Who knows?

This argument has been around since DDO got turned on, or at least since the current loot system was put in place. Do yourself a favor, save the headache and anxiety of it, and just take note of what drops for you.