I agree completely that there exists and abuse and bastardization. It baffles me that you can draw the conclusions you do from that observation.
If a man picks apples from the commons are those apples not his once with his own labor he has picked them? Even if you do not agree then surely you must recognize that this is the system of "rule of law' that we live by. Private property is a fundamental basis of the society and laws we live by.
ALL the abuses you mention are to be blamed primarily on the government that fails in its role to apply the rule of law so that all men have equal opportunity. The solution is not to blame corrupt businesses for wanting to take from the commons - this is the nature of work and industry. The solution is to put an end to the gov practice of permitting the abuse of equality of opportunity and convict both those who corrupt the rule of law when they take bribes and when they offer them. The crime is NOT in the act of using a resource but in the act of corrupting the rule of law.
I absolutely agree that a man who picks an apple from a tree in a commons has the right to eat that apple. However, does he have the right to pick all the apples, then let them rot, or oblige other people to pay for them? What gave that first man who decided to "claim" that apple tree as HIS PROPERTY the right to do that? Who GAVE him the right of ownership on that tree?
If that tree is the only one in the village, does he have the right to suddenly take away the tree that belonged to the WHOLE village and put a claim of ownership on it?
The fact is that "private property" is a fairly NEW context in the history of men. Although I am all for individual property rights, I believe it has gone to such extreme that it is jeopardizing our society. Patents, copyrights, trademarks have not only limited EVERYONE's ability to enjoy many products, but have gone so far as forcing some products that are NECESSARY for life (i.e., some pharmaceutical products) into a market that are so over priced that they are no longer available to all. And please do not tell me that all these products take money to be developped, and that those patents and trademarks are protecting the investment made by the developer. . . MANY of those pharmaceuticals advances were developped in PUBLICLY SPONSORED labs, as in University paid for by OUR tax money, and then awarded (for a fee) by the university to a pharmaceutical corporation, who can charge whatever "the market can bear" (often a lot more, actually!) for an extended period of time, with no "generic" allowed!
It wouldn't be so bad if the "fee" paid for those PUBLIC discovery went back in the common purse. . .or where used by the university to award scolarships, or to lower the amount of money that that university requires from the government to keep on running. . .but it doesn't! At best, the university will "invest" that money in college footballs. . .and cry that there is not enough money to provide scholarship for academic students, and impose a higher tuition fee on everyone.
You may answer: that's free enterprise!
Well, it's not, or at least it is a double standard!
If an big corporation (let's say, IBM, has an employee who, even in his spare time, comes up with a new code, or a new product, IBM will have the right to claim that new discovery as its own, and will sue the person if the person leaves IBM and try to market that product on his own. . .and they will win, because what was developed during the period of employment (or directly after) by an employee, "RIGHTFULLY" belongs to the employer!
However, if you look at it in a "public sector" like a government sponsored university research lab, although the cost of the research and development has been covered by tax payers money all along, the tax payers are not given any rights to that new products which can be sold for profits by the university, without any money coming back to the tax payers. . .since they will have to pay the "market price" for that product, even if their life depends on it!
You can blame the government for that dichotomy in handling the "private" and the "public" sectors. But the fact is that there are so many lobbyists, and politicians bought by big corporations, that, instead of "regulating" this kind of transactions to protect the rights (basically the ownership) by the commons (all the people), we are moving towards even LESS regulations, and the pendulum is leaning even FURTHER to right of ownership of a FEW, compare to the right of the community to keep ownership for the common good.
The rule of law is changed in favor of "corporations," increasingly over the last 10 years. . .Now, "corporations are people," and THEIR rights often superseed (LEGALLY, based on Supreme court decisions) the rights of the REAL community of people.
So, little by little, more of our "commons" or communal rights fade away. AIR is one of the most basic "commons." No one can deny that air was not "invented" by someone, that EVERYONE has the right to breathe, that it is a BASIC necessity of life. . .a basic right, without which, all other rights are moot, since we stop to live.
Yet, AIR is being used as a "product." Corporations have been given "permission" to polute the air we breathe, in some case making it so toxic that some people can die from it. The government tried to correct those excess through the EPA, not very successfully, as the penalties for poluting the air even beyond the "acceptable" level are often minor compared to the monetary benefits big corporations can reep from poluting.
Yet today, the EPA is facing a huge attacks by lobbyists, and by politicians who are constantly siding with the "rights of a few" as compare of the "rights of many." They don't care that CLEAN AIR is a common good, that it is a basic right. They side with the "right to make a profit" as being greater than "the right to clean air."
WE are our government, no matter how you want to look at it. And the REAL problem with the government is not that it is too big, it is that it is no longer control by the people, but by big corporations.
I was talking about the "three legged stool" (Government, Market, and commons), these three "forces" should be equal, and balanced to work at the advantage of all. Instead, we are allowing the "market" to oversee, to change, to manipulate both the government and the commons.
Our life shouldn't be a "market driven" life. It should be a "people driven" life, with the government AND the market bolstering the good of the people, NOT the other way around.