According to Wikipedia, with which I agree:

"The tragedy of the commons is a metaphoric label for a concept that is widely discussed in economics, ecology and other sciences. According to the concept, should a number of people enjoy unfettered access to a finite, valuable resource such as a pasture, they will tend to over-use it, and may end up destroying its value altogether."

The term does not refer to a common resource shared by rules. Indeed, it refers to a common resource NOT shared by rules. That's how the phrase is used, and no bit of wordplay is going to change that.

Whatever laissez-faire fools may say about getting rid of commons, the more usual solution is a regulated commons. Some may argue that there are problems with such solutions, but those alleged problems are not called "tragedies of the commons."