This is definitely NOT the case at all universities. At mine, the profs don't typically distribute tests but they are aware and accepting of the fact that other students do. The only thing they say about it is "ask around for a test if you want, but I don't want to put together a study guide myself so it's all on you"
I have even gone so far to ask a prof if it is OK to give old tests to my friends, since some of the test questions are recycled year after year and the prof does not give out sample questions. She said it was fine, and thanked me for asking.