Bird clearly maintains the right to control the device because it unlocks the scooter to be used by customers and causes a light to blink so it can be found by "chargers" at the end of the day.

Regarding statutory violations, first of all Bird is probably not littering because the scooters are (arguably) not trash. Second, where the scooters are impounded by cities and other municipalities, it is for parking violations or other statutes against them. As a private citizen, you would have no more right to take their scooter than you would to take my car that was illegally parked.

> If Bird leaves a scooter in the road, for someone else to use, they have relinquished the right to control the device, and it is thus abandoned

No, if they are charging use fees, offering money for people to choose charge them, etc., they have not relinquished all rights to control.

> the alternative is that they are deliberately littering or committing various other property infractions or misdemeanors.

That's a big false dichotomy.

You can argue that, but you can't just go around stealing things that are sitting on the street or sidewalk. Can you take the doormat outside a door on a building? Or take a sign on the sidewalk? No. Take a sign that the city has left just screwed into a metal pole?