Read the following excerpt from a US court opinion:
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whether her voice, and theatrical style, would have been identifiable if another song had been presented, and not “her song”, which unfortunately for her was owned by others and licensed to the defendants. Id. at 716. Similarly, Plaintiffs in this case assert that the “sound associated with Plaintiffs’ ‘What I Like About You’ is part and parcel of who they are as entertainers.” (Pis.’ Mot. at 9.) Their claim is therefore that their “sound in connection with the music, lyrics and arrangement” is distinctive. Plaintiffs have presented no evidence that their sound is identifiable separate from the Song. The Court therefore reaches the same conclusion as the Sinatra court and holds that Plaintiffs’ claim must fail. 2. First Amendment Defenda nc., 444 F.Supp.2d 1012, 1039 (C.D.Cal.2006) ; Video Software Dealers Ass’n v. Maleng, 325
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What is the most suitable continuation to the opinion? Your options are:
A. holding that video game maker defendants have met both requirements of the rogers balancing test and are entitled as a matter of law to a first amendment defense to plaintiffs lanham act claims
B. holding that the statute qualifies as an exemption 3 statute
C. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment
D. holding that a video game clearly qualifies as an artistic work entitled to first amendment protection
E. holding that the first amendment protects communicative aspects of video games
Reply with [A, B, C, D, E] only.