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Furthermore, why would a flute maker who cannot play a flute (I assume this because the scenario is set up to make the first child the sole flutist in the group; if all the children could play the flute, the first child would have no special distinction in which to claim ownership over the other children) choose to keep the flute, let alone produce one, and have no plans to transfer it to someone who wants the flute? The child just puts in a lot of labor for the joy of being able to deny others the joy of playing with the flute? It's kind of puzzling to me.
"It is common to argue that intellectual property in the form of copyright and patent is necessary for the innovation and creation of ideas and inventions such as machines, drugs, computer software, books, music, literature and movies. In fact intellectual property is a government grant of a costly and dangerous private monopoly over ideas. We show through theory and example that intellectual monopoly is not necessary for innovation and as a practical matter is damaging to growth, prosperity and liberty."
You can get the free (consistant, that) edition at http://www.dklevine.com/general/intellectual/ag....
http://timesofindia.indiatimes.com/NEWS/Sunday-...
But we still don't know where the girl got the materials to make it.
I'd still try to choose fairly, which in my view means the girl who made it gets it. But per Coase, it's more important to decide quickly (and finally) than fairly.
Finality and speed of judicial decisions are important to Coase, no doubt, but I don't think he would be willing to throw fairness out the window either. That way leads to madness (and ugly smears of Coase by people who do not understand what Coase intended by his theorem).