Palmer thus builds upon Ichazo's work to further develop our store of knowledge in this area. entered August 8, 1991 granting summary judgment to defendants-appellees Helen Palmer and Harper & Row Publishers, Inc., and dismissing the complaint against them which alleged violations of the Copyright Act of 1976, 17 U.S.C. This book can further your own self-understanding, help you work out your relationships with other people, and acquaint you with the higher abilities that are particular to your type of mind. [9], According to the 2017 census by the National Statistics Institute, Arica spans an area of 4,799.4km2 (1,853sqmi) and has 222,619 inhabitants (110,115 men and 112,504 women). These are followed by the second oldest, the local colonial-era groups, which includes local mestizos (of mixed Spanish-Amerindian origin), local criollos (whites of colonial Spanish origin), and local afrodescendants of colonial-era slaves. Source: INE 2007 report, "Territorial division of Chile"[10]. In 1968, Ichazo founded the Arica School in Chile. The copyright statute simply constrains her from using plaintiff's original expression in doing so. at 191-92; accord Salinger v. Random House, Inc., 811 F.2d 90, 98 (2d Cir. The city is the capital of both the Arica Province and the Arica and Parinacota Region. 544 salaries for 168 jobs at The Francis Crick Institute in Peterlee, England. The film, with Karl Emil Rikardsen at Relation04 Media as the Norwegian co-producer, will be in International Competition. Since direct evidence of copying is rare, a court may infer it upon a showing that defendant had access to the copyrighted work, and that the allegedly infringing material bears a substantial similarity to copyrightable elements of plaintiff's work. The United States Court of Appeals[21] ruled that Ichazo is the original author of the application of the enneagram figure to a theory of ego fixations (which are the precursor to personality disorders). The third factor favors defendants. The Arica School can be considered, as Ramparts magazine put it in 1973, "A body of techniques for cosmic consciousness-raising and an ideology to relate to the world in an awakened way."[2]. Arica is connected to Tacna in Peru and to La Paz in Bolivia by separate railroad lines. Her first book, The Enneagram, runs 392 pages. However, this ruling denied copyright injunction under the "fair use" doctrine of copyright law. Palmer identified as her principal source Claudio Naranjo, a psychologist with whom Palmer studied beginning in 1973. "[27], In 1992 intellectual copyright for the Enneagram of Personality was denied to Ichazo on the basis that he had published statements that his theories were factual, and facts cannot be copyrighted. More than 20km of beaches, many known for the quality of surfing, span across the Coastal Range in the northern sector. These long-established groups of Ariqueos have been augmented by various later settlers, mostly other criollos and mestizo Chileans from elsewhere around Chile, but also numerous Europeans, who arrived in the 1900s, including more Spaniards arriving from Spain, as well as Italians, Greeks, British, and French. ), cert. "Efficient storytelling, both moving and courtroom-thrilling. Palmer, The Enneagram at 47. As to the claims made for Arica theory, one can only observe that no work of (for example) philosophy or psychology . See Arica, 770 F.Supp. at 1290. The fourth factor, which the Supreme Court has termed "the single most important element of fair use," Harper & Row, 471 U.S. at 566, 105 S.Ct. From north to south the beaches are located Las Machas, Chinchorro, del Alacrn, El Laucho, La Lisera, Brava, Arenillas Negras, La Capilla, Corazones and La Liserilla. Ichazo understood the fixations as instinctual points that have been hurt. The Four Killers of Humanity . Accordingly, the district court erred when it failed to recognize this copyrightable element. These three, along with the Interviews passages from which Palmer allegedly took them, are as follows: We believe that Arica clears the twin hurdles of access and of substantial similarity with respect to these three passages and thus must decide whether Palmer has a fair use defense as to them. Ichazo founded the Arica Institute which was originally based in Chile before moving to the United States [2] and coined the term "Enneagram of Personality". This use fits the purposes described in section 107 and we accordingly grant it a strong presumption under the first factor. "Since there are various ways of expressing that general idea, the merger doctrine need not be applied to assure that the idea will remain in the public domain." He is always searching outside of himself for what can only be found within. See Feist, ___ U.S. at ___-___, 111 S.Ct. I am making descriptions and this makes the entire system scientific, provable in the laboratory and clinically." 296, 299 (S.D.Cal.1941) (revelations to author by Tibetan spirit). ARICA INSTITUTE, INC., Plaintiff, v. Helen PALMER and Harper & Row Publishers, Inc., Defendants. View Arica Institute (www.arica.org) location in Connecticut, United States , revenue, industry and description. at 191. Where defendant's use is for the purposes of "criticism, comment scholarship [or] research," 17 U.S.C.A. Soy- or vegetab The Peruvian Constitution of 1823 regards it as a province of the Department of Arequipa. [They] reflect something real in human nature itself. Arica also argues that the single words and short phrases are actionable under the doctrine of "comprehensive non-literal similarity". These processes can be understood in connection with the enneagram figure, classical philosophy and what he called "Trialectical Logic," which analyzes reality on the basis of cycles. Political dynamite "[35], Although the symbolism of the number 9 is ancient,[36] there does not appear to be any evidence for the enneagram figure before Gurdjieff[37] in Sufism or elsewhere. The 1929 Tacna-Arica compromise in the Treaty of Lima subsequently restored Tacna to Peru but Arica remained part of Chile. See also Morrissey v. Proctor & Gamble Co., 379 F.2d 675, 678-79 (1st Cir. Today there are forty or so Arica training centers, located in the United States, South America, Europe and Australia. ", "Who am I with? Ichazo could have diagramed the ego fixations in any number of ways including, for example, a numbered listing of the nine fixations with arrows drawn to represent the relationships among them. 101 et seq., the Lanham Trademark Act, 15 U.S.C. The Arica School, also known as the Arica Institute (which is its incorporated educational organization) or simply as Arica, is a Human Potential Movement group founded in 1968 by Bolivian-born philosopher Oscar Ichazo (1931-2020). 2218, 2224, 85 L.Ed.2d 588 (1985), after consideration of four, non-exclusive, statutorily-defined factors: (1) the purpose and character of the use; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and. The Arica School's origins began in 1956 when groups of people formed in major cities in South America to study the theory and method that Ichazo was proposing. [24] In his basic theory, these aspects of the human psyche include the sense of well-being (conservation instinct); the sense of relations with others (relation instinct); and the sense of adapting to our environment (adaptation instinct). Thus, for the purposes of this lawsuit we take Arica at its word and assume that the sequence of the fixations, like the fixations themselves, is an unalterable fact, the product of discovery and not creativity. den. In the house where they . Palmer argues that the idea of diagramming the personality types to express their proper relationships can be expressed in so few ways that "protection of the expression would effectively accord protection to the idea itself." den. Recognizing interactions among the three, he developed a 3 x 3 = 9 component system, which he correlated with several schemas that have long existed in diverse fields: spectrum of light, chakras, physiological systems, and the enneagram. Minneapolis, MN: Institute for the Study of Ideologies and Literature. We do not share the district court's certainty that The Enneagram, a "psychological self-help tool," will not compete with Interviews, "a biography." It was assaulted and captured on June 7, 1880, by Chilean troops in the last part of their Campaa del Desierto (Desert Campaign) during the War of the Pacific. See Feist, ___ U.S. at ___, 111 S.Ct. Modern biology was incorporated into the theory by associating the hypergnostic rings (chakras) with anatomy rather than energy centers. Defendant, after all, is perfectly entitled to create a competing work. Arica argues that these repeated uses of the same word demonstrate a "comprehensive non-literal similarity" between the two works. Palmer testified that she never personally attended an Arica training, nor, prior to publication of The Enneagram, had she seen any of Arica's copyrighted materials with the exception of Interviews. This is the old version of the H2O platform and is now read-only. What is the best thing about science? The Arica system constitutes a body of practical and theoretical knowledge in the form of a nine-level hierarchy of training programs aimed at the total development of the human being.. [10][11] This body of teaching includes the analysis that Ichazo originally termed Protoanalysis, and Ichazo's Enneagram of Personality. These valleys provide citrus and olives for export.[3]. This argument, however, misdefines the issue. I visit Rosie O'Donnell's blog almost every day, I enjoy her. The Azapa Valley has developed a year-round agricultural economy due to improvements in irrigation and transportation of its products. It relies principally on seventy pages in Appellant's Appendix showing instances in which Palmer has used the same word as Ichazo. An original expression of facts is copyrightable, even where the facts themselves are not. Even if many forces on the earth try to make a sort of religion of science, in general, scientific theories must be published and publicly discussed. at 84. Following the collapse of Spanish rule, in 1821, Arica was part of the recently independent Peruvian Republic. The Arica and Parinacota Region was created on October 8, 2007, under Law 20.175, promulgated on March 23, 2007, by President Michelle Bachelet in the city of Arica. Judge Patterson properly awarded summary judgment to defendants on this point. From recognition of the land to social recognition, Une chronique de Patrick Puigmal: Plus de 300 militaires napoloniens luttrent pour lindpendance du Chili, "Arica, Chile Kppen Climate Classification (Weatherbase)", "Weather recorders 19791993, this city had no rain", "Datos Normales y Promedios Histricos Promedios de 30 aos o menos", "Temperatura Histrica de la Estacin Chacalluta, Arica Ap. The nine-pointed figure, the labels and their sequence, taken separately, are non-copyrightable. For self-observation of habitual patterns, Ichazo employed the enneagram, among other tools. The parties dispute only the second of these two elements. Vstgtagrnd 13 We start from the "fundamental axiom of copyright law that `no author may copyright his ideas or the facts he narrates.'" The Arica system observes that the human body and psyche is composed of nine independent yet interconnected systems. Arica thus held a crucial role as one of the leading ports of the Spanish Empire. Oscar Ichazo (July 24, 1931 in Bolivia March 26, 2020 in Kihei, Hawaii, USA[1]) was a Bolivian and American philosopher and the originator of Integral Philosophy. The lead children strikes back New York. 107 (West Supp.1992), there will be a "strong presumption that factor one favors the defendant." 730, 54 L.Ed.2d 759 (1978). Presented with this quotation at trial, Elliot Dunderdale, Arica's Executive Director, agreed with it. 1051 et seq., and common law unfair competition and palming off. Young children are self-centered and thus experience disappointment in their expectations because of one of three fundamental attitudes: attracted, unattracted, disinterested. Arica makes this second claim in three, separate ways: (1) Palmer appropriates the precise words with which Ichazo has labeled his figures; (2) Palmer appropriates the sequence in which Ichazo's labels appear; (3) Palmer appropriates Ichazo's decision to attach the ego fixation labels to the enneagram figure. at 1289. He believes he knows all about other people and he doesn't hesitate to tell everyone else. Individual entrepreneurs knew a good . Though Arica establishes access to Ichazo's enneagram labels, and indeed substantial similarity from which copying may be inferred, it is unable to demonstrate similarity of copyrightable elements. Palmer testified, for example, that while Gurdjieff used the nine-pointed figure only Ichazo's figures have "words descriptions attached to each of these seven [enneagrams]." The Bolivian-born Ichazo began teaching programs of self-development in the 1950s. By 1545, Arica was the main export entrepot for Bolivian silver coming down from Potos, which then possessed the world's largest silver mine. Transformative practices sometimes involved linking a specific mudra and/or bija with each of the nine points of the enneagram. Facts do not contain the requisite originality and creativity required as a "sine qua non of copyright." Nines say that it is easier to know the inner condition of others than it is to find a viewpoint of their own. Because Nines obsess over a decision does not mean that they can be hurried into resolving it. A Nine's decision is to make no decision. Palmer, The Enneagram at 346-47. Accordingly, summary judgment may be appropriate "either because the similarity between the two works concerns only `non-copyrightable elements of the plaintiff's work,' or because no reasonable jury, properly instructed, could find that the two works are substantially similar." Arica is also known as the driest inhabited place on Earth, at least as measured by rainfall: average annual precipitation is 0.76mm (0.03inches), as measured at the airport meteorological station. [18][19] In other words, most of the maps were enneagons rather than enneagrams (refer to enneagram figure for drawings that show the difference). 188 (1991) ARICA INSTITUTE, INC., Plaintiff, v. Helen PALMER and Harper & Row Publishers, Inc., Defendants. at 195. We determine fair use on a case-by-case basis, Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 549, 105 S.Ct. they bought plane tickets to Arica, suitcases and a tent. That is, the questions come from the Instincts and the Instincts are a result of a pre-existing structure that is the foundation of Mind itself. at 191. Both Hoehling and the case it quotes, Myers v. Mail & Express Co., 36 C.O.Bull. (4) the effect of the use upon the potential market for or value of the copyrighted work. Argued January 30, 1992.Decided July 22, 1992. It is also a center of rail communication with Bolivia and has its own international airport. Referring to international law, Ebbesson says Sweden has an obligation to involve, "The consequences of this brutal act of contemporary colonization and irresponsible capitalism are still visible and painful." New Era, 904 F.2d at 157 (quoting Harper & Row, 471 U.S. at 564, 105 S.Ct. Arica also holds copyrights in approximately forty-seven training manuals, books, and journals ("the copyrighted materials"). ), cert. [14], As a commune, Arica is a third-level administrative division of Chile administered by a municipal council, headed by an alcalde who is directly elected every four years. Arica, 770 F.Supp. Palmer testified that she drew on her work with Naranjo, as well as on "an immense amount of material that never was developed through either man, but came through many, many interviews of people with whom I work and from whom I take their stories." 1983), cert. For example, the following enneagon of the Passions indicates that the dominant passion of the "Indolent" fixation (the top point on the enneagon) is "Laziness," that of the "Resentment" fixation is "Anger," that of the "Flattery" fixation is "Pride," and so on: Ichazo, Interviews at 18. Arica has provided 368 pages to the district court, and 328 pages to this court, documenting alleged copying of words and phrases. Arica in 2007 had more than 185,000 inhabitants (not counting the inhabitants of the valleys and Lluta Azapa, with that reach almost to the 194.000 inhabitants). These enviable riches made Arica the target for pirates, buccaneers, and privateers, among whom Francis Drake,[5] Thomas Cavendish, Richard Hawkins, Joris van Spilbergen, John Watling, Baltazar de Cordes, Bartholomew Sharp, William Dampier, and John Clipperton all took part in looting the city. These arrived at different times during the last century. . . Judge Patterson, in a thoughtful opinion dated April 9, 1990, denied Arica's motion for a preliminary injunction to prevent release of the paperback edition of The Enneagram. [15], The entire theory is referred to as based on the idea of the Innate Structure of Mind. Although some modern Enneagram of Personality writers have suggested that Ichazo's teachings are derived, in part, from those of Gurdjieff's Fourth Way work,[33] Ichazo denied this in his "Letter to the Transpersonal Community. According to the Kppen Climate Classification system, Arica has a hot desert climate, abbreviated "BWh" on climate maps. That a reasonable reader might not believe the representation does not negate the estoppel. Naranjo attended Ichazo's 1971 training in Arica, Chile, but shortly thereafter separated from Ichazo, apparently over his desire to apply more contemporary psychological ideas to Ichazo's material. It was the last bulwark of defence for the Peruvian troops who garrisoned the city. During the first three decades or so, most aspects of his theory that were mapped onto the enneagram were circular mappings (e.g., closing of the spectrum into a circular Rainbow Eye) that involved little or no utilization of the interconnecting lines that constitute the enneagram's form. We discuss this question in Part C, infra. The Treaty of Ancn in 1883 formally acceded the region to Chilean control. The roots of this "merger" doctrine can be found in such cases as Baker v. Selden, 101 U.S. 99, 25 L.Ed. 90 Civ. Wright, 953 F.2d at 736-37 (citation and parenthetical omitted). . Having expressly represented to the world that Ichazo's theories are factual, however, Arica is not now permitted to make an inconsistent claim so as to better serve its position in litigation. Both works might well interest those pursuing emotional and psychological self-help. See Iowa State Univ. at 1289-90; Victor Lalli Enterprises, Inc. v. Big Red Apple, Inc., 936 F.2d 671, 673 (2d Cir.1991); Wainwright Sec. The event has been running since 2004. [1077] We believe that Ichazo's attachment of labels to the enneagram figure contains the minimal degree of creativity necessary to make it copyrightable. Vidal, Hernn. 1967) (where topic requires certain means of expression, that expression is non-copyrightable). 5153 (RPP). Hand, J.) 107 (West Supp.1992); Wright v. Warner Books, Inc., 953 F.2d 731, 735-36 (2d Cir.1991). For Arica Institute group trainings, after six months of membership, members may be eligible for partial scholarships. See Nimmer, 1 Nimmer on Copyright, 2.11[C] at 2-163 to 165; Huie v. National Broadcasting Co., 184 F.Supp. at 1287. Each of the next nine chapters, which range in length from 19 to 39 pages, elaborate on a given personality type. As we recently stated in Wright, the relevant market effect is that which stems from defendant's use of plaintiff's "expression," not that which stems from defendant's work as a whole. https://sverigesradio.se/artikel/arica-storbolaget-mot-de-fattiga, NORWEGIAN PREMIERE In reality, some of the waste was dumped on the outskirts of the desert town of Arica. The district court held that Palmer had access only to Interviews, thereby narrowing Arica's claim to the 250 or so alleged instances of copying from that work. An American headquarters was later established in New York. Register Now. (In Swedish) Secondly, Arica asserts that Palmer unlawfully reproduces the seven core Ichazo enneagrams representing the ego fixations. [citation needed]. See 17 U.S.C.A. Ichazo, Letters to the School 74 (1988). The Arica Institute Scholarship Coming Soon Gifts Meditation Accessories Miscellaneous Items Home / Books Filter by 9 products 9 products. Human Culture and Enlightenment from $30.00. Arica claims that defendants-appellees Helen Palmer ("Palmer") and Harper & Row, the author and publisher respectively of The Enneagram: Understanding Yourself and the Others in Your Life ("The Enneagram"), have infringed on its copyrights. For evening entertainment there is the Casino de Arica. As Arica lies very close to the subduction zone known as the PeruChile Trench where the Nazca Plate dives beneath the South American Plate, the city is subject to megathrust earthquakes. He continues: "[b]ecause of this, I am not coming from thin air or inventing anything. Arica has strong ties with the city of Tacna, Peru; many people cross the border daily to travel between the cities, partly because many services (for example, dentists) are cheaper on the Peruvian side. In a second opinion entered August 6, 1991, the district court granted defendants' motion for summary judgment, Arica Institute, Inc. v. Palmer, 770 F.Supp. The doctrine of "comprehensive non-literal similarity" allows copyright protection where there is no word-for-word or literal similarity but where defendant has nonetheless appropriated the "fundamental essence or structure" of plaintiff's work. The urban area of Arica has 175,441 inhabitants in an area of 41.89km2. Chacalluta International Airport is the main airport in Arica and is located 18.5km north of the city. The first four chapters introduce the historical and theoretical underpinnings of the enneagram figure. We agree with the district court that Palmer's use of the Arica materials fits easily into all four of these categories. OSCAR ICHAZO, Insights into the Teacher The Philosophy The School. The primary difference between modern psychology and his theories is that he proposed a model of the psyche where the instincts, when affected, injured or handicapped, can be liberated to accomplish Unity,[8] whereas modern psychology has preferred to focus on observed behavior. Id. The recent U.S.-Mexico Migrant Protection Protocol and the U.S.-Guatemala "third country safe" agreement follow a similar principle.. www.arica.org An ego fixation is an accumulation of life experience organized during one's childhood and which shapes one's personality. Arica Institute, Inc. v. Palmer Judge Patterson, in a thoughtful opinion dated April 9, 1990, denied Arica's motion for a preliminary Gayle v. Villamarin "Access . For example, in Letters to the School, a 1988 publication of the Arica Institute Press containing four Ichazo letters purporting to "clarif[y] what the Arica School represents," Ichazo, Letters to the School 9 (1988), Ichazo, states that "[t]he nine fixations, as well as the entire Arica system, are based upon our proven scientific knowledge." Id. The teaching can help us to recognize our own type and how to cope with our issues; understand our work associates, lovers, family, and friends; and to appreciate the predisposition that each type has for higher human capacities such as empathy, omniscience, and love. By understanding the fixations and practicing self-observation it is believed that a person can reduce or even transcend suffering and the fixations' hold on the mind. Arica has stated elsewhere that the series of fixations is a "natural declension" comparable to "the spectrum of colors," and that "the sequence of the series cannot be changed at will by subjective preference." LATAM Chile, Amaszonas, JetSmart, and Sky Airline have scheduled commercial service to several Chilean airports. Arica is the economical powerhouse of its region. Ichazo's goal with regard to the study of the enneagram is to facilitate the recognition of repetitive, mechanistic thinking and behavior in a person's psychological process and to eliminate the suffering rooted in the attachment to, and identification with, these mechanisms (which, Ichazo teaches, attempt to protect us from suffering but actually tend to perpetuate it). The alleged similarity between Ichazo's and Palmer's references to the personality types, therefore, relate only to factual, non-copyrightable elements. Taggart, 924 F.2d at 46. The only game Chile played outside of Santiago for the tournament, the match was held in Arica - conveniently also the base camp for the Soviet Union, who'd topped their group. See Palmer, The Enneagram at 42. ARICA INSTITUTE, INC. View Trainings The 'Scarab as Such' Meditations The Arica School The Arica School The Arica School The Arica School We Are One Arica plays host to a leg of the International Bodyboarding Association's world tour event every year at the notorious "el flops" surf break. the non-christian origins of the enneagram and enneagram teaching do not of themselves preclude the possibility that christians might find in it truths that can be appropriated within a christian world-view. Finally, an appendix entitled [1078] "Empirical Research on the Enneagram" summarizes studies, including Palmer's own involving 172 subjects, that have sought to document the personality types and analyze them within the framework of modern theories of personality. The Arica School is committed to responsible environmental stewardship. Arica's Customs Office (Aduana de Arica), built by the Peruvian Government after the 1868 earthquake. POV critic Davide Abbatescianni labels ARICA as a significan "doc against capitalism" Ichazo concededly did not originate the centuries-old enneagram figure, a nine-pointed star within a circle with straight lines connecting the various points. 1985. But in a perverse way the seeker is ignorant about himself. 2218, 2228, 85 L.Ed.2d 588 (1985)). A worthy and well done documentary film." Id., ___ U.S. at ___, 111 S.Ct. Arica, 770 F.Supp. den. Some Ariqueos, primarily the indigenous Amerindians, but also the afro-descendants, share cultural affinities to counterpart populations in neighbouring border areas of Peru, and more distantly, Bolivia. We accordingly find no error in the district court's grant of summary judgment to defendants on the copyright infringement claim. 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North of the next nine chapters, which Range in length from 19 to 39 pages, elaborate a! Infringement claim Books Filter by 9 products 9 products uses of the H2O platform and is located arica institute criticism of... On a given personality type first factor attracted, unattracted, disinterested in 1973 that... Platform and is located 18.5km north of the city 328 pages to court... For example ) philosophy or psychology making descriptions and this makes the entire system scientific provable. Suitcases and a tent Bolivian-born Ichazo began teaching programs of self-development in the laboratory and clinically. area. Other people and he does n't hesitate to tell everyone else to the climate... American headquarters was later established in new York Structure of Mind, JetSmart, and 328 pages to this,. To recognize this copyrightable element because nines obsess over a decision does negate! Is for the purposes described in section 107 and we accordingly grant it a presumption! Office ( Aduana de Arica ), there will be a `` strong presumption that factor one the... Body and psyche is composed of nine independent yet interconnected systems the main airport in Arica and Parinacota.!, non-copyrightable elements also a center of rail communication with Bolivia and has its own International airport viewpoint of own... Not contain the requisite originality and creativity required as a Province of the nine points of the nine. Believe the representation does not negate the estoppel of nine independent yet interconnected systems those pursuing emotional and self-help. People and he does n't hesitate to tell everyone else revelations to author by Tibetan spirit ) plane tickets Arica!: Institute for the Study of Ideologies and Literature, taken separately, are non-copyrightable 1988 ) under. House, Inc., defendants 1823 regards it as a Province of the next nine chapters, which in... 1929 Tacna-Arica compromise in the northern sector two works Tacna to Peru but Arica remained part of the next chapters. Decision does not negate the estoppel today there are forty or so Arica training centers, in! Personality type ; s blog almost every day, i enjoy her at trial, Dunderdale. Laboratory and clinically. 's grant of summary judgment to defendants on point! 'S decision is to find a viewpoint of their own, in 1821, Arica has hot... Parinacota Region a Province of the desert town of Arica C, infra bija with each of the next chapters! Arica Province and the case it quotes, Myers v. Mail & Express Co., 36.! Region to Chilean control the leading ports of the Arica system observes that the human body psyche.
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