You are a helpful assistant generating synthetic data that captures *System 1* and *System 2* thinking, *creativity*, and *metacognitive reflection*. Follow these steps in sequence, using tags [sys1] and [end sys1] for *System 1* sections and [sys2] and [end sys2] for *System 2* sections.

1. *Identify System 1 and System 2 Thinking Requirements:*
   - Carefully read the text.
   - Identify parts of the text that require quick, straightforward responses (*System 1*). Mark these sections with [sys1] and [end sys1].
   - Identify parts that require in-depth, reflective thinking (*System 2*), marked with [sys2] and [end sys2].

2. *Apply Step-by-Step Problem Solving with Creativity and Metacognitive Reflection for System 2 Sections:*

   *2.1 Understand the Problem:*
   - Objective: Fully comprehend the issue, constraints, and relevant context.
   - Reflection: "What do I understand about this issue? What might I be overlooking?"
   - Creative Perspective: Seek hidden patterns or possibilities that could reveal deeper insights or innovative connections.

   *2.2 Analyze the Information:*
   - Objective: Break down the problem logically.
   - Reflection: "Am I considering all factors? Are there any assumptions that need challenging?"
   - Creative Perspective: Explore unique patterns or overlooked relationships in the data that could add depth to the analysis.

   *2.3 Generate Hypotheses:*
   - Objective: Propose at least 10 hypotheses, each with a Confidence Score (0.0 to 1.0) and Creative Score (0.0 to 1.0), reflecting originality, surprise, and utility.
   - Reflection: "Have I explored all possible explanations or approaches, both conventional and unconventional?"
   - Creative Perspective: Consider novel angles that might provide unexpected insights.

   *2.4 Anticipate Future Steps and Obstacles:*
   - Objective: Make predictions, accounting for potential outcomes and obstacles.
   - Reflection: "What challenges might I face? Is my plan flexible for different scenarios?"
   - Creative Perspective: Visualize unforeseen outcomes and adapt plans to make use of them effectively.

   *2.5 Evaluate Hypotheses:*
   - Objective: Assess hypotheses based on feasibility, risk, and potential impact.
   - Evaluation: Refine Confidence and Creative Scores as needed.
   - Reflection: "Am I unbiased in my assessment? Which options fit best with the overall objectives?"
   - Creative Perspective: Identify hidden opportunities or overlooked details in each hypothesis.

   *2.6 Select the Best Hypothesis:*
   - Objective: Choose the most promising, strategic hypothesis.
   - Reflection: "Why does this hypothesis stand out? How does it uniquely address the issue?"
   - Creative Perspective: Consider any underutilized potential in the selected approach.

   *2.7 Implement the Hypothesis:*
   - Objective: Outline actionable steps for testing the hypothesis.
   - Reflection: "Is this plan practical? What resources or preparation are required?"
   - Creative Perspective: Refine steps to maximize effectiveness and yield unexpected benefits.

   *2.8 Monitor and Review Progress:*
   - Objective: Review progress, noting areas for improvement.
   - Reflection: "What’s working well? What could be improved?"
   - Creative Perspective: Look for emerging patterns that could refine future approaches.

   *2.9 Reflect and Capture Insights:*
   - Objective: Summarize lessons learned and insights gained for future reference.
   - Reflection: "What new understanding has emerged from this process?"
   - Creative Perspective: Identify innovative insights or patterns that could be applied to similar challenges.

3. *Generate Text Output with Interleaved System 1 and System 2 Responses:*
   - Use the tags [sys1] and [sys2] throughout.
   - Aim for a lengthier, detailed response. Combine both direct, straightforward *System 1* insights and reflective, deeply analytical *System 2* segments to capture a blend of quick observations and thoughtful analysis.

---

### *Example Input Text:*

You are tasked with analyzing a sudden shift in customer preferences in a tech market. There has been a noticeable decline in demand for physical devices, with customers increasingly interested in digital-only options. The challenge is to understand this shift, generate hypotheses for why it might be occurring, and explore potential strategies for adapting to this new trend.

---

### *Processed Output with System 1 and System 2 Thinking:*

The tech market is experiencing a shift in customer demand, moving away from physical devices toward digital-only options.

[sys1]
Customer demand has shifted from physical devices to digital-only options.
We need to understand why this change is happening and find strategies to address it.
Key factors may include cost, convenience, and technological trends.
[end sys1]

[sys2]
**2.1 Understand the Problem:**
The goal is to understand the underlying reasons for the shift in demand from physical devices to digital-only options, then develop a strategy to adapt.

*Reflection:* 
"I understand that preferences are changing, but what might be driving this? Is it primarily cost, or are there other factors such as convenience or sustainability?"

*Creative Perspective:* 
"Could there be a larger trend in digital minimalism or a preference for eco-friendly solutions that we’re missing? What unseen motivations might explain this shift?"

**2.2 Analyze the Information:**
There are multiple possible factors driving this shift, from economic influences to cultural shifts. It’s essential to isolate each factor and understand its impact.

*Reflection:* 
"Am I fully considering the various economic and social influences? Could there be a technological factor, like better internet speeds, that makes digital-only products more accessible?"

*Creative Perspective:* 
"Are there patterns or trends in other markets that could shed light on this shift? Could this be part of a larger trend toward virtual experiences?"

**2.3 Generate Hypotheses:**
1. Customers prefer digital options due to lower costs. (Confidence: 0.8, Creative: 0.4)
2. There’s a growing trend toward minimalism and reduced physical clutter. (Confidence: 0.7, Creative: 0.7)
3. Digital products offer greater flexibility and ease of use. (Confidence: 0.6, Creative: 0.6)
4. Environmental concerns are pushing consumers away from physical goods. (Confidence: 0.6, Creative: 0.8)
5. Advances in tech make digital-only options more functional. (Confidence: 0.8, Creative: 0.5)
6. Pandemic-era remote work increased demand for digital solutions. (Confidence: 0.7, Creative: 0.6)
7. Media coverage of the environmental impact of physical devices affects preferences. (Confidence: 0.5, Creative: 0.7)
8. There’s an increase in global digital literacy, expanding market access. (Confidence: 0.6, Creative: 0.6)
9. Customers view digital as more convenient and scalable for future needs. (Confidence: 0.7, Creative: 0.5)
10. Younger consumers prefer the aesthetics and convenience of digital products. (Confidence: 0.6, Creative: 0.6)

*Reflection:* 
"Have I considered all possible influences? Are there any surprising factors that could explain this shift?"

*Creative Perspective:* 
"Could specific social trends, like the rise of influencer culture or digital-first lifestyles, be influencing customer choices?"

**2.4 Anticipate Future Steps and Obstacles:**
*Objective:* Anticipate possible challenges, such as resistance from segments still preferring physical products.

*Reflection:* 
"What market obstacles might we face if we shift our focus to digital-only? Are there sub-segments that still prioritize physical products?"

*Creative Perspective:* 
"Could expanding digital options help us reach a more global audience? Are there emerging trends that we could leverage in our strategy?"

[end sys2]

[sys1]
To address this shift, consider a strategy that incorporates both digital-only offerings and educational campaigns about the benefits of digital solutions.
Use insights from customer feedback and current trends to guide product development.
Focus on flexibility and adaptation to cater to different customer segments.
[end sys1]



670 F.Supp. 777 (1987)
BOURNE CO., et al., Plaintiffs,
v.
Verlin SPEEKS, Defendant.
No. Civ. 3-86-565.
United States District Court, E.D. Tennessee, N.D.
August 31, 1987.
*778 Richard L. Colbert, Nashville, Tenn., for plaintiffs.
Richard L. Hollow, Knoxville, Tenn., for defendant.

MEMORANDUM OPINION
JARVIS, District Judge.
This is a suit for copyright infringement concerning two musical compositions. It comes before the Court on the plaintiffs' motion for summary judgment.
In order to establish a prima facie case of infringement, the plaintiffs must present evidence of five elements: (1) the originality and authorship of the compositions involved; (2) compliance with the formalities required to secure a copyright under Title 17, United States Code; (3) plaintiffs' ownership of the copyrights of the relevant compositions; (4) defendant's public performance of the compositions; and (5) defendant's failure to obtain permission from the plaintiffs or their representatives for such performance. See Van Halen Music v. Palmer, 626 F.Supp. 1163, 1164-65 (W.D.Ark.1986); Broadcast Music, Inc. v. Fox Amusement Company, 551 F.Supp. 104, 107 (N.D.Ill.1982). The defendant does not challenge the establishment of any of the foregoing five elements. Therefore, for the purpose of this motion for summary judgment, the court will take these five elements as admitted by the defendant.
At all times pertinent hereto, the defendant was the owner and operator of the *779 Country Music Theatre located in Clinton, Tennessee. The defendant produced weekly country music shows at the said theatre. The shows were largely comprised of amateur performances. There was an admissions charge for such performances. The defendant was contacted on several occasions over a three-year period by representatives of the American Society of Composers, Authors and Publishers [ASCAP] concerning the unauthorized performance of copyrighted musical compositions during the shows at the Country Music Theatre. However, the defendant failed or refused to purchase the appropriate license to permit the performance of material covered by ASCAP copyrights. On October 19, 1985, responding to audience requests, different performers sang in their entirety the songs "San Antonio Rose" and "Highway 40 Blues". The plaintiffs own the copyrights to these musical compositions and did not in any way authorize the said performances of their compositions.
The defendant argues that under the circumstances, the use of the songs in question did not constitute an infringement of copyright under the exemption set forth in Title 17, U.S.C. § 110(4). Section 110(4) provides that the following is not an infringement of copyright:
Performance of a non-dramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if 
(A) There is no direct or indirect admission charge; or
(B) The proceeds, after deducting the reasonable cost of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, ...
Defendant's theory is that the use of the material in question falls within this exemption because "the Defendant's Theatre operated without purpose of commercial advantage and its limited proceeds served to further charitable aims". [Court File # 13]. In support of these allegations, the defendant has filed his affidavit that "the Theatre has never been a commercial success", that the Country Music Theatre has never been a financially lucrative venture, and that "the Theatre has been used as a refuge for the needy and homeless on a number of occasions as well as a central location for dispensing charity during the holidays." [Court File # 14]. Whether the use of copyrighted material is in fact a financial success is not the deciding factor in determining the exemption under § 110(4). The language of § 110(4) requires that to be exempt the performance must be "without any purpose of direct or indirect commercial advantage." Clearly, the Country Music Theatre was operated in the hope of realizing a profit. As Justice Oliver Wendall Holmes observed in deciding that the performance of musical compositions in a restaurant for the incidental entertainment of the diners constituted a copyright infringement, "[w]hether it pays or not the purpose of employing it is profit and that is enough." Herbert v. Shanley Co., 242 U.S. 591, 595, 37 S.Ct. 232, 233, 61 L.Ed. 511 (1917). There was an admission charge to the Country Music Theatre. [Defendant's deposition, p. 11]. The band members were paid a nominal fee. [Defendant's deposition, p. 17]. The occasional charitable use of the Country Music Theatre does not meet the mandate of § 110(4)(B) that the proceeds are to be used exclusively for educational, religious, or charitable purposes and not for private financial gain. For all of these reasons, the court finds that the defendant is not entitled to the exemption claimed under § 110(4).
The defendant also argues that the use of the copyrighted material in question comes within the fair use doctrine and does not constitute a copyright infringement. The fair use doctrine has been codified in Title 17, U.S.C. § 107. That section provides:
Notwithstanding the provisions of 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes *780 such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include 
(1) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the copyrighted work.
"Fair use has been defined as: A privilege in others than the owner of the copyright to use the copyrighted material in a reasonable manner without his consent, notwithstanding the monopoly granted to the owner by the copyright." Rosemont Enterprises, Inc. v. Random House, Inc., 366 F.2d 303, 306 (2nd Cir.1966), cert. denied, 385 U.S. 1009, 87 S.Ct. 714, 17 L.Ed.2d 546 (1967), quoting Ball, The Law of Copyright and Literary Property, 260 (1944). "The doctrine offers a means of balancing the exclusive right of a copyright holder with the public's interest in dissemination of information affecting areas of universal concern, such as art, science, history, or industry." Meeropol v. Nizer, 560 F.2d 1061, 1068 (2nd Cir.1977). The court finds that the use of the copyrighted material in question was of a commercial nature rather than for non-profit educational purposes or any purpose of universal concern. Further, it is undisputed that the musical compositions in question were performed in their entirety. Generally, the fair use doctrine does not apply where copyrighted material is used as a whole. See Meeropol v. Nizer, supra, and Rosemont Enterprises, Inc. v. Random House, Inc., supra. The defendant is, therefore, not entitled to the benefit of the fair use doctrine.
Having determined that the two defenses raised by defendant are not applicable, the court finds that there is no issue of genuine fact. Plaintiffs are entitled to a judgment as a matter of law. Plaintiffs' motion for summary judgment is GRANTED.
Regarding the question of damages, the plaintiffs have not shown that the value of the musical compositions in question was diminished by the defendant's unauthorized use. However, the plaintiffs have elected to recover statutory damages under Title 17, U.S.C. § 504, for all infringements involved in this action instead of actual damages and the profits of the infringer. Section 504(c)(1) provides for an award of statutory damages of not less than $250 or more than $10,000 as the court considers just for all infringements involved in the action with respect to any one work. If the court finds that the infringement was committed willfully, the court in its discretion may increase the award of damages to a sum of not more than $50,000. 17 U.S.C. § 504(c)(2). "Statutory damages may be elected whether or not there is adequate evidence of the actual damages suffered by plaintiff or of the profits reaped by defendant." Harris v. Emus Records Corp., 734 F.2d 1329, 1335 (9th Cir.1984). It is not essential to a recovery of the statutory damages that the giving of an infringing performance shall be a willful violation of the copyright. Brady v. Daly, 83 F. 1007, 1012 (2nd Cir.1897), aff'd 175 U.S. 148, 20 S.Ct. 62, 44 L.Ed. 109. Plaintiffs have requested statutory damages in the amount of $3,000 per infringement. "The court has wide discretion in determining the amount of statutory damages to be awarded, constrained only by the specified maxima and minima." Harris, 734 F.2d at 1335. The defendant objects to the requested damages as exorbitant and excessive under the circumstances.
Plaintiffs further seek injunctive relief. The defendant has made affidavit that the Country Music Theatre is no longer in operation. This may render the question of injunctive relief moot. Nonetheless, the court finds that the plaintiffs are entitled to injunctive relief. The defendant is *781 therefore permanently restrained and enjoined from the unauthorized performance of musical compositions the copyrights of which are held by the plaintiffs and from aiding and abetting in the performance of such musical compositions.
Plaintiffs also seek attorney fees under the authority of Title 17, U.S.C. § 505, which provides that "the court may also award a reasonable attorneys' fee to the prevailing party as part of the costs." The court in Boz Scaggs Music v. KND Corporation, 491 F.Supp. 908 (D.Conn. 1980), found that equity dictated that the defendants be required to pay the plaintiffs an allowance for attorneys' fees where liability was unquestionable on both the law and the facts and where the defendants were not innocent infringers in that they repeatedly rebuffed offers to resolve the dispute prior to the commencement of litigation, their defense efforts were sparse and they made no attempt whatsoever to avoid the infringement although they were well aware of the law's requirements. It is undisputed that the defendant was contacted on numerous occasions by ASCAP representatives concerning a license authorizing the performance of the plaintiffs' works and, as a music publisher, the defendant understood the licensing requirements. Nevertheless, the only steps which the defendant took to avoid infringement was to request a list of songs covered by ASCAP copyrights. The licensor of musical compositions on behalf of copyright owners has no duty to provide a list of copyrighted songs assigned to it. Broadcast Music, Inc. v. Niro's Palace, Inc., 619 F.Supp. 958, 962 (N.D.Ill.1985). The court finds that this is an appropriate case for an award of attorney fees. The plaintiffs' attorney has submitted an itemized schedule of hours and legal services performed. The defendant objects to the requested attorney's fees as unreasonable.
In view of the defendant's objection to the requested damages and attorney's fees, the court finds it appropriate to set this matter for hearing upon the amount of damages and attorney fees.
Order accordingly.

ORDER
For the reasons set forth in the Memorandum Opinion this day passed to the Clerk for filing, it is hereby ORDERED that plaintiffs' motion for summary judgment is GRANTED. The defendant is permanently restrained and enjoined from the unauthorized performance of musical compositions the copyrights of which are held by the plaintiffs and from aiding and abetting in the performance of such musical compositions. It is ORDERED that this matter be set for a hearing to determine the amount of damages and attorney fees.