Thanks for the question! So this question is asking us for an inference we can make about what the author of the passage would believe. First, let’s take a look at (D) and see where the support for it is. Would the author likely believe that an adequate theoretical justification of copyright would likely presuppose that a work’s creator originally owns the ideas embodied in that work? Well, let’s take a look at the last paragraph, which sets out some of the author’s problems with the tangible-object theory. We know that the author is doing this here because in line 39, the author says “while this account seems plausible…it cannot accommodate,” and so the author is criticizing the theory here. The author goes on to say in lines 45-47 that the theory “doesn’t acknowledge that in many cases the work of conceiving ideas is more crucial and more valuable than that of putting them into tangible form.” So that’s a criticism of the current theory, which means that the author thinks that an adequate theory would do this. An adequate theory would acknowledge how crucial and valuable coming up with the idea is, and that’s what (D) gets at.
Now take a look at (E). Does the author think that it’s common, but incorrect, to assume that evanescent things like live broadcasts of sporting events can be copyrighted? Remember, the author needs to agree with the entire sentence for this to be true. Looking at lines 42-44, we are told that it’s a “standard assumption that such evanescent tings as live broadcasts of sporting events can be copyrighted,” so the author would probably agree that it’s a common assumption. But does the author think that it’s an incorrect assumption? No, we aren’t told that at all. Indeed, we’re told that one of the problems with tangible-object theory is that it can’t accommodate that assumption, which means that the author would actually think that this is a correct assumption and should be accommodated for in an adequate theory. And this is why (E) is incorrect.
Hope this helps! Feel free to ask any other questions that you might have.
