However, the court recognizes that» [t]
he central purpose of this investigation is to see, in Justice Story's words, whether the new work merely supersedes the objects of the original creation», «to what extent the new work is transformative».»
Specifically, this overlap occurred because: (1) The NPRM preamble, but not the NPRM regulation text, indicated that agencies conducting both oversight and law enforcement activities would be subject to the oversight requirements when conducting oversight activities; and (2) the NPRM addressed some disclosures for
investigations of health care fraud in the law enforcement paragraph (proposed § 164.510 (f)(5)(i)-RRB-, while health care fraud
investigations are
central to the
purpose of health care oversight agencies (covered under proposed § 164.510 (c)-RRB-.