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I don't agree with prosecution on things like this, but the reality is the best analogies are still doors and locks: My front door is connected to a walkway, which is connected to the public sidewalk. You may see my door is open and unlocked, but you're still trespassing if you walk in. If you did, I may decide not to press charges, but that's my choice. And I'd be mad as hell at anyone who created a law that said I couldn't just because my door is open.
I think the best solution is for people to treat others with a little more goodwill, and find other ways to make society less litigious overall. Unfortunately, corporations drive a lot of that because a corporation's only goal is to make money. People, however, can make different choices.