With no explanation, chose the best option from "A", "B", "C" or "D". (“Although there need not be the kind of hearing required if factual damages were the issue, there must, we think, be either some hearing or sufficient affidavits to give the trial judge an adequate reference base for his judgment.”) See also M. Nimmer & D. Nimmer, Nimmer on Copyright § 14.04[B][l][a] (2001) (“In considering the factual basis for a statutory damages award when [a] jury trial has been waived, there need not be a hearing of the sort required for an award of actual damages or defendant’s profits. Nonetheless, even in those circumstances, the defendant should be accorded some hearing on the issue, or sufficient affidavits to give the trial judge an adequate basis for his judgment.” (Footnotes omitted)). Cf. United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir.1979) (<HOLDING>). Thus, as long as the parties are afforded an

A: holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact
B: holding that a motion to dismiss or for summary judgment precluded default judgment
C: holding that district courts order granting motion for default judgment was erroneous  because a default judgment cannot be entered until the amount of damages has been ascertained 
D: holding that statutory damages under  504c could not be awarded in conjunction with a default judgment without a hearing or a demonstration by detailed affidavits establishing the necessary facts
D.