Also, your prior argument about the commons not creating culture is false.
Okay, let's look at the counter-argument, then.
Even in your own homeland, the story of say-- Baba Yaga, is so old, NOBODY knows who told it first. We DO know when it was first published in a copyrighted volume though-- the story is far older, and the publisher did not write it. It became popular through massive proliferation in the public common as a folk tale.
We don't know who told Baba Yaga, yes. This means that it could be either done for a "public common", or it could've been done for an ancient rich person. Since we don't know the reason why it was created, there's no way to know. Which means, that this is not technically a counter-argument against that "public common doesn't create culture".
However, you have a point, and it's why I've said that it's
mostly created by rich people. There are exceptions like folk stories and such.
Which is Bethesda doing something OTHER than going "MINE MINE MINE" and shutting it down.
Square Enix could have done something similar with the CT project cited earlier, and stated that the team can continue if they license exclusively with them in exchange for use of the lifted content (Square Enix is/was a publishing house as well as a studio)-- the project could have gone forward, Square would have profited for pennies, the public would have gotten the product, and the team would have had their dreams realized.
But NO.
"MINE MINE MINE"
They have full legal rights to do so, you know. That's what property rights
mean. You own things, you get full rights to utilize them in any way you want, and full rights to allow or disallow others to utilize them. These lawfully-given rights are the very foundation of our free world civilization, and they form the basis behind its high economical effectiveness and stability, which allows it to overpower and outlast the tyrannical autocracies, thus defending you, a citizen of the civilized world, from the oppressive yoke of the many, many would-be-dictators, who want to enslave you and turn you into an instrument for carrying out their evil plans.