In a Lawsuit Against You for Appropriation,a Key Factor in the Outcome

In a lawsuit against you for appropriation,a key factor in the outcome would be

A) whether your paper is a profit-making enterprise.
B) whether Milo's name was used in a headline visible in newsracks.
C) whether Milo had plans to write his own account of the murder he committed.
D) All of the above.
E) None of the above.