Since "the narration of history must proceed chronologically," id., this ordering is inevitable and thus is devoid of creativity. Arica is the economical powerhouse of its region. He is always searching outside of himself for what can only be found within. organic techniques and general Green living. On appeal, Arica argues that its statements are only metaphoric claims of philosophical truth. Lewis' Fiction from 1981-1991: 1992: 895: Arnold, E.J. 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. At the location of the city are two valleys that dissect the Atacama Desert converge: Azapa and Lluta. Before: VAN GRAAFEILAND, WALKER and McLAUGHLIN, Circuit Judges. Over 30 years after Swedish mining company Boliden shipped almost 20,000 tonnes of toxic mining waste to the Chilean city of Arica, a group of United Nations Special Rapporteurs. The Treaty of Ancn in 1883 formally acceded the region to Chilean control. at ___, 111 S.Ct. Excerpts from these interviews appear throughout the nine chapters as illustrations and explanations of the nine personality types. These were opposed by Bolivia, as Arica is its main sea port.[22]. Protecting Ichazo's decision to label the enneagram will not preclude others from developing their own ways of presenting this information. As such, it is a "practically inevitable" ordering, Feist, ___ U.S. at ___, 111 S.Ct. Secondly, Arica asserts that Palmer unlawfully reproduces the seven core Ichazo enneagrams representing the ego fixations. factores internacionales ejemplos. Broadcasting Cos., 621 F.2d 57, 60 (2d Cir.1980). See Arica, 770 F.Supp. 17 U.S.C. For self-observation of habitual patterns, Ichazo employed the enneagram, among other tools. www.lightdox.com, Swedish distribution: As noted above, an "original selection or arrangement" of facts is copyrightable even where the facts themselves are not. 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. For evening entertainment there is the Casino de Arica. 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). We accordingly find no error in the district court's grant of summary judgment to defendants on the copyright infringement claim. The Entebbe Express highway in Uganda is under construction by a Chinese company Image:. 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. www.folketsbio.se, Acclaimed Arica documentary prompts intervention from United Nations Human Rights Council (UNHRC), ARICA in competition at Human International Documentary Film Festival, Professor Jonas Ebbesson urges Swedish gov to return Bolidens waste to Sweden. The event has been running since 2004. Judge Patterson properly awarded summary judgment to defendants on this point. 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. 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. 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. 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. Ichazo, Interviews at 14. Hand, J.) For Arica Institute group trainings, after six months of membership, members may be eligible for partial scholarships. The National Migration Institute (Inami) of that country already estimates there are 147,000 undocumented immigrants stuck there, including 18,883 Haitians who have submitted requests for humanitarian asylum to the Mexican Commission for Refugee Aid (Comar). The commune of Arica is composed of 19 census districts. With minor exceptions, including Interviews, Arica limits distribution of its copyrighted materials to training participants who must return them after use. See Arica, 770 F.Supp. 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. The passage from Interviews reads: The indolent type goes out looking for the love and meaning he feels deprived of; he becomes a continual seeker, but never a finder. Friedman, Inc., 294 F.Supp. There is no other access to the Arica chamber but through the door in the mountain near Pay quina. Arica Institute, Inc. v. Palmer, 770 F. Supp. Wright, 953 F.2d at 736. at 195; see also Consumers Union of U.S., Inc. v. General Signal Corp., 724 F.2d 1044, 1050 (2d Cir. He continues: "[b]ecause of this, I am not coming from thin air or inventing anything. 1983) (citations omitted); Hoehling v. Universal City Studios, Inc., 618 F.2d 972, 977 (2d Cir. 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. The 1929 Tacna-Arica compromise in the Treaty of Lima subsequently restored Tacna to Peru but Arica remained part of Chile. Docket Numbers: Part I, entitled "Orientation to the Enneagram," includes chapters on "The Background of the [Enneagram] System and Introduction to Type," "The Structure of the Enneagram Diagram," and "Contributors to the System," the last of which discusses Ichazo's work. Where defendant's use is for the purposes of "criticism, comment scholarship [or] research," 17 U.S.C.A. [citation needed]. 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. 478, 479 (S.D.N.Y.1919), dealt with historical works containing chronological narrations of events. The Arica Institute Scholarship Coming Soon Gifts Meditation Accessories Miscellaneous Items Home / Books Filter by 9 products 9 products. 1051 et seq., and common law unfair competition and palming off. Id. Germany has nine, including several Max Planck Institutes. [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). 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. The Origin and Development of Lincoln Bible Institute, Lincoln, Illinois, 1944-1959: . 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". By 1545, Arica was the main export entrepot for Bolivian silver coming down from Potos, which then possessed the world's largest silver mine. Wright, 953 F.2d at 736-37 (citation and parenthetical omitted). This is the old version of the H2O platform and is now read-only. 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. First, it cites Salinger, 811 F.2d at 98, in which we held that while "the `ordinary' phrase may be quoted without fear of infringement, a copier may not quote or paraphrase the sequence [1073] of creative expression that includes such a phrase." Arica's Customs Office (Aduana de Arica), built by the Peruvian Government after the 1868 earthquake. Moreover, access through a third party is legally sufficient, see Nimmer, 3 Nimmer on Copyright 13.02[A] at 13-13, and it is undisputed that Palmer possessed Lilly and Hart's article "The Arica Training" which contains all seven of the labeled Ichazo enneagrams. at 1287. (180005)", "World Meteorological Organization Climate Normals for 19812010", "CLIMAT summary for 85406: Arica (Chile) Section 2: Monthly Normals", South American railway reopens with goal of attracting tourists and freight, Portal informativo de la Region de Arica y Parinacota, Portal Turistico de la Region de Arica y Parinacota, Portal de panoramas y carretes de la Region de Arica y Parinacota, Arica Tours to Parque Nacional Lauca and Atacama, New York Times article about the 1868 earthquake, https://en.wikipedia.org/w/index.php?title=Arica&oldid=1133523558. To meet this standard, plaintiff need only demonstrate "that the work was independently created by the author and that it possesses at least some minimal degree of creativity." 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. Arica has successfully established Palmer's access to five of the seven enneagrams which appear in Interviews, a book which Palmer admits to owning. Based on 86 salaries posted anonymously by The Francis Crick Institute Phd Student employees in Peterlee, England. 1 Nimmer, Nimmer on Copyright, 2.11[B] at 2-159. Arica also argues that the single words and short phrases are actionable under the doctrine of "comprehensive non-literal similarity". . See Ichazo, Interviews, 15, 16, 18; Arica, 770 F.Supp. Ichazo's attachment of labels to the enneagrams presents a different angle on copyrightability. There is a world of difference between the creative expression of an idea or a fact and its revelation. ", "Who am I with? The city is the capital of both the Arica Province and the Arica and Parinacota Region. 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. at 71. Arica training seeks to overcome the control and influence of the ego fixations so that the individual may return to the inner balance with which he or she was born. This presumption is not, as Arica argues, offset by Palmer's concurrent commercial purpose. I am making descriptions and this makes the entire system scientific, provable in the laboratory and clinically." 188 (S.D.N.Y. Where "marginal amounts of expressive content were taken from [plaintiff's] [1079] works [i]mpairment of the market for these works is unlikely." 1282, 1287, 113 L.Ed.2d 358 (1991) (quoting Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 556, 105 S.Ct. [9], Integral Philosophy is a new philosophical tradition that presents a complete analysis of the human condition from the lowest levels of the human process to the highest States of Enlightenment (Gk. You can access the new platform at https://opencasebook.org. 90 Civ. at 2232). Since 1992, Australia has had a mandatory detention policy for "unauthorized" arrivals, which have included asylum-seekers. Plaintiff Arica Institute, Inc. ("Arica") is a not-for-profit tax-exempt educational institution founded in the state of New York in 1971 by Oscar Ichazo ("Ichazo"). *189 *190 Frankfurt, Garbus, Klein & Selz, New York City by Arthur J. Ginsburg, for plaintiff. Wright, 953 F.2d at 738. Arica has provided 368 pages to the district court, and 328 pages to this court, documenting alleged copying of words and phrases. In such circumstances sequence is non-copyrightable, but it need not be so in all cases. [6] Others estimate that the population of Arica was less than 3,000 people and the death toll was around 300. In making this determination, we view all inferences in the light most favorable to the non-moving party and affirm only where no reasonable trier [1072] of fact could have found in her favor. No. It is an enormous trade and shipping point and vital for the maritimal access of Bolivia. The Oscar Ichazo Membership Outreach Arica Institute Operations The Illiana Hauptmann-Anderson Youth Scholarship Fund Arica Institute Scholarship Funds. The Court of Appeal for Northern Norrland held that the claims of the victims were time limited, and the Swedish Supreme Court declined to hear the case. Each point corresponds to a given "ego fixation" as represented in the following enneagon of the Fixations: Ichazo, Interviews with Oscar Ichazo 15 (1982) (hereinafter, "lnterviews"). These valleys provide citrus and olives for export.[3]. 188 (S.D.N.Y. Source: INE 2007 report, "Territorial division of Chile"[10]. Beyond Rwanda The use of countries like Rwanda by Western states is on the rise. Spaniards settled the land under captain Lucas Martinez de Begazo in 1541, and in 1570, the area was grandly retitled as "La Muy Ilustre y Real Ciudad San Marcos de Arica" (the very illustrious and royal city of San Marcos of Arica). See Nimmer, 3 Nimmer on Copyright 13.03[A] at 13-24 to 25. Political dynamite Argued January 30, 1992.Decided July 22, 1992. Arica's copyright infringement claim consists of two parts: First, Arica alleges that Palmer's text appropriates numerous words and phrases from the copyrighted materials. The Arica system constitutes a body of practical and theoretical knowledge in the form of a nine-level hierarchy of [1070] training programs aimed at the total development of the human being.. Why have a personal priority, when it's so easy to feel the rightness of all parties concerned? Arica, Silva Mind Control, Transcendental Meditation, and on and on. See 17 U.S.C.A. Our decision in Hoehling v. Universal City Studios, Inc., 618 F.2d 972, 978 (1980), in which we quoted Judge Learned Hand's statement that "[t]here cannot be any such thing as copyright in the order of presentation of the facts, nor, indeed, in their selection," is not to the contrary. 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." Thank you. 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. A search on the Internet under oscar+ichazo+arica will (depending on the search engine used) reveal between zero and a handful of references. Palmer's allegedly infringing passage reads as follows: Nines can go along with a situation for a long time while still trying to decide. Palmer identified as her principal source Claudio Naranjo, a psychologist with whom Palmer studied beginning in 1973. Socio-historia de la literatura colonial hispanoamericana: tres lecturas orgnicas. Arica first asserts that Palmer's banner listings, her chapter titles, and her enneagrams appropriate the words labelling Ichazo's seven enneagrams. In 1968, Ichazo founded the Arica School in Chile. The [25], The popular use of the Enneagram of Personality (as contrasted with the use of enneagrams within the Arica School) began principally with Claudio Naranjo who had studied with Ichazo in Chile. 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. See Taggart v. Time, Inc., 924 F.2d 43, 45-46 (2d Cir.1991); Fed.R.Civ.Pro 56(c). Like some other systems of self-actualization, Arica works with the (ultimately illusory) separation of essence and ego. [citation needed] It triggered a tsunami, measurable across the Pacific in Hawaii, Japan and New Zealand. I am always amazed at the nasty, sometimes violent reaction she brings out in some people. 1056 (S.D.N.Y.1991). Warner Bros. Inc. v. Am. See Arica, 770 F.Supp. At the outset, we note that on appeal of a grant of summary judgment "we apply the same standard as the district court did in deciding the Rule 56 motion and determine de novo whether a genuine issue as to any material fact exists" and whether the moving party was properly entitled to judgment as a matter of law. at 1297 (listing of phone numbers in alphabetical order is "practically inevitable" sequence not entitled to copyright protection); Victor Lalli, 936 F.2d at 673 (mechanical or typical ordering is "devoid of creativity, and therefore undeserving of copyright protection"); Hearn v. Meyer, 664 F.Supp. In 1968, Ichazo presented lectures on his theories of Protoanalysis and the ego-fixations at the Institute of Applied Psychology in Santiago, Chile. Human Culture and Enlightenment from $30.00. Arica (/rik/ -REE-k; Spanish:[aika]) is a commune and a port city with a population of 222,619 in the Arica Province of northern Chile's Arica y Parinacota Region. 1051 et seq., and claims of common law unfair competition and palming off. 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. "[17] Ichazo labeled these conservation, relations, and syntony (later modified to adaptation). 1985. Arica was one of the four host cities of the 1962 FIFA World Cup, and it was the venue for a Rip Curl Pro Search surfing event that took place from June 20 to July 1, 2007. Nimmer, 1 Nimmer on Copyright, 2.11[D] at 2-167 & n. 28. [16], Ichazo refined the ancient concept that a human soul has components by approaching the issue through three instinctual questions that he considered basic to human existence: "How am I? 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. In 1958, the Chilean Government established the "Junta de Adelanto de Arica" (Board of Development for Arica), which promulgated many tax incentives for the establishment of industries, such as vehicle assembly plants, a tax-free zone, and a casino, among others. 188 (S.D.N.Y.1991), and, on August 8, 1991, entered judgment. The commune is represented in the Senate by Jos Miguel Insulza (PS, 20182026) and Jos Durana (UDI, 20182026) as part of the 1st senatorial constituency (Arica and Parinacota Region and Tarapac Region). Defendant, after all, is perfectly entitled to create a competing work. According to Arica's Executive Director Elliott Dunderdale ("Dunderdale"), Arica offers training for the whole human being focused on the clarification of consciousness. [7] In sum, we find that all four of the fair use factors favor defendants. He disavows having invented the enneagrams, asserting that they constitute "a discovery as scientific discoveries are, with exactly the same qualification of being verifiable and objective. Near the city is the Azapa Valley, an oasis where vegetables and Azapa olives are grown. Arica Institute, Inc. v. Palmer, 761 F.Supp. "[34] In July 1990, as part of a settlement with Dimension Books, each of the authors who were part of the lawsuit agreed in writing that "Oscar Ichazo is the sole originator of the theory of the ego fixations and the system of enneagons representing the different functions of the human Psyche. from $30.00. at ___, 111 S.Ct. 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. at 1063. An American headquarters was later established in New York. Cf. As to the claims made for Arica theory, one can only observe that no work of (for example) philosophy or psychology . Arica's contention that the ordering of Palmer's nine chapters mimics Ichazo's arrangement of the nine ego fixations, is similarly lacking. Interviews, which contains the three passages as well as five of the seven enneagrams, is a published work available to the general public. Chacalluta International Airport is the main airport in Arica and is located 18.5km north of the city. The Tacna-Arica Plebescite of 1925-1926: Its Background, the Attempt Itself, and the Settlement of the Tacna-Arica Dispute . Arica's word-for-word comparisons do not speak to the question of whether Palmer has taken the "fundamental essence or structure" of one or more of Ichazo's works. 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). Gurdjieff's figures contain no words "just the star itself, the diagram." 2023 Arica Institute, Inc. All rights reserved. After learning from Ichazo's teachings, Chilean psychiatrist Claudio Naranjo is credited as the one who brought the Enneagram to modern psychology. at 1289-90; Victor Lalli Enterprises, Inc. v. Big Red Apple, Inc., 936 F.2d 671, 673 (2d Cir.1991); Wainwright Sec. Jos Miguel Insulza Salinas (born June 2, 1943) is a Chilean politician, lawyer, and academic serving as a senator for the Arica y Parinacota Region since 2018. . The consequences were severe: in the years that followed, residents developed cancer and many babies were born with birth defects. [10][11] This body of teaching includes the analysis that Ichazo originally termed Protoanalysis, and Ichazo's Enneagram of Personality. See Nimmer, 1 Nimmer on Copyright 2.11[C] at 2-165; Houts v. Universal City Studios, Inc., 603 F.Supp. 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 . We discuss this question in Part C, infra. We have reviewed the district court's dispositions of the Lanham Act and common law unfair competition/palming off claims, and find them to be similarly without error. Among the long-established groups, the oldest consists of indigenous Amerindians, such as the Aymara, whose presence in the region is of several millennia. According to the Kppen Climate Classification system, Arica has a hot desert climate, abbreviated "BWh" on climate maps. Id. at 84. [12][13][14], In a 1954 interview, Ichazo said that he had achieved insight into mechanistic and repetitive thought and behavior patterns. The six other fundamental enneagons portray qualities of the nine fixations in labels attached to the point associated with that fixation. The Morro de Arica is a steep and tall hill located in the city. 469 U.S. 823, 105 S.Ct. The hell of the indolent is the worst of all the fixations because it leads to inner paralysis and indecision. Arica asserts three separate theories of copyright infringement related to its seven core enneagrams. 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. [21], In 2011, Chile announced plans to privatise the Port of Arica. We consider, in addition, Ichazo's attachment of labels to the enneagram figure.