In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

have determined, the abstraction-filtration-comparison (“AFC”) test is either unnecessary or simply does not apply in cases of literal copying. See Mitek Holdings, Inc. v. Arce Eng’g Co., 89 F.3d 1548, 1555-56 n. 16 (11th Cir.1996) (explaining that the AFC test “was designed to help assess nonliteral copying of a nonliteral element, not nonliteral copying of computer code (a literal element)”); Lotus Dev. Corp. v. Borland Int’l, Inc., 49 F.3d 807, 815 (1st Cir.1995) (“While the [AFC] test may provide a useful framework for assessing the alleged nonliteral copying of computer code, we find it to be of little help in assessing whether the literal copying of a menu command hierarchy constitutes copyright infringement.”); ILOG, Inc. v. Bell Logic, LLC, 181 F.Supp.2d 3, 7 (D.Mass.2002) (<HOLDING>); Data Gen. Corp. v. Grumman Sys. Support 
 Holding statements: (A) holding that priority of liens whether by mortgage or judgment is governed by the date of acquisition (B) holding that the admissibility of expert testimony was governed by state law (C) holding that if the identical function is not performed literal infringement is not possible (D) holding that literal copying is not governed by the afc test (E) recognizing that it is an open question whether drpa is a federal agency governed by the apa or a state agency governed by state administrative law
(D)
The judge states that the AFC test is either unnecessary or simply does not apply in cases of literal copying. The holding statement which supports this claim is "holding that literal copying is not governed by the afc test", which is option (D)..