We are always going to depend on politics or society in deeming some resource as "public", as "commons" or as "property", because those are concepts that get their meanings from how people think about them. Whether they are defined by custom, by the legal system or because everybody shares the same ideology, they are necessarily social constructs - there's no such thing as "real" and "fake" property except as understood by people.
IMHO the biggest lie of our society is not property about physical vs intellectual goods, but the ideology that applies the same concept of "property" to the gadgets you can keep in your pocket and you can keep control personaly, and equate it to the large multinational company encompassing the work of thousands of people on several continents. They simply don't have the same behavior nor expectations, and yet somehow we're supposed to apply the same legal framework - in order to uphold the decisions made by the few people who are in control of the large organisation.
IMHO the biggest lie of our society is not property about physical vs intellectual goods, but the ideology that applies the same concept of "property" to the gadgets you can keep in your pocket and you can keep control personaly, and equate it to the large multinational company encompassing the work of thousands of people on several continents. They simply don't have the same behavior nor expectations, and yet somehow we're supposed to apply the same legal framework - in order to uphold the decisions made by the few people who are in control of the large organisation.