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Oh, I agree that if he harms you, he owes you restitution. Document your damages and take him to court. Over the long haul, this will discourage people from trying to externalize the costs of their actions.
But the problem is inherent in the notion of commons. Far brighter men than I have argued that it is impossible to correctly allocate any scarce resource without the automatic signals generated by prices within the free market. They showed that it is impossible for commons to be "used" properly, it can only be used as those in political power want to have it used, and those in power will be sure to denigrate any of dissenting opinion, even if they have to make up facts and data to support their vitriol.
If I put my mind to it, I'm pretty sure I can think of an example where the political elite and their accompanying bureaucracy did this.... oh, yes. They did it to smokers...
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