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US man given prison sentence for bot-farming music streams

32 points19 hoursthequietus.com
seanalltogether • 23 minutes ago

This seems like a good argument for only counting streams from premium accounts when determining revenue sharing, or at least heavily favoring premium accounts. Running a bot farm with premium accounts just wouldn't be profitable enough.

cm2187 • 59 minutes ago

I am not sure I understand. Surely a AI generated song isn't a "fake song"? Is it a crime to publish an AI generated song?

It seems that what he is guilty of is to generate some fake users pretending to listen to his songs, is that right? I can see how it is fraud, but how is it different from all the dark patterns used by newspapers to generate more page prints (like auto-refreshing pages)?

RobRivera • 49 minutes ago

He is not guilt of using AI to create songs.

He is guilty of creating a bot farm to stream his music, to increase his user count to earn royalties, which is fraud.

MPSimmons • 51 minutes ago

Seems like a ToS violation more than anything

sandeepkd • 44 minutes ago

I agree thats more appropriate. There is nothing AI here, its just simple automation. Couple things that are probably applicable in this case or cases like this where royalties are earned based on assumed advertising traffic

1. There is no way he the the only one or first one. Chances are that more than likely he was subscribing to some third party services which were offering this feature.

2. He probably took it too far to get noticed and get in limelight

Dylan16807 • 45 minutes ago

> Surely a AI generated song isn't a "fake song"?

Eh.

> Is it a crime to publish an AI generated song?

It's not. And a lot of this fraud was done with non-AI songs. But it helps show his attitude.

> It seems that what he is guilty of is to generate some fake users pretending to listen to his songs, is that right? I can see how it is fraud, but how is it different from all the dark patterns used by newspapers to generate more page prints (like auto-refreshing pages)?

Does that get them more money just for showing the ads? Usually the number of page views is up to you. If you find a way to make oodles of money off a mechanism like that, it very well might be criminal fraud!

drivebyhooting • 47 minutes ago

> By flooding music streaming platforms with automated bots in the place of consumers, and fake songs in the place of creativity, Smith robbed millions in royalty payments from genuine artists and their fans. This Office is committed to ensuring the integrity of all markets, and protecting the public from those who use super intelligence for fraud.

He certainly didn’t defraud artists or their fans. This is false framing. He defrauded the streaming platform, which I’m sure the jury would be far less empathetic towards.

LPisGood • 45 minutes ago

The money he got came from the same shared pool that the other artists get money from.

deeponey • 34 minutes ago

This is true, but kind of on the streaming platforms for having a terrible pooled monetization scheme that lets high frequency users allocate the subscription money of low frequency users.

dclavijo • 19 hours ago

Here’s what bothers me: isn’t the United States a free market? What crime did he actually commit? Using services exactly as they are offered? It turns out that now, if you take advantage of the system as it was designed and gain a financial edge, you become a criminal—but if a major corporation does it, they just get a slap on the wrist.

gruez • 1 hour ago

>isn’t the United States a free market? What crime did he actually commit? Using services exactly as they are offered?

From the indictment:

>SMITH’s streaming fraud lasted from 2017 to 2024 and he executed it in three steps. First, SMITH created thousands of fraudulent accounts on the Streaming Platforms (the “Bot Accounts”) that he could use to stream songs. Second, he used software to cause the Bot Accounts to continuously stream purported songs that he owned, which were generally created using super intelligence. Third, Smith collected royalties based on the fraudulent streams he orchestrated his own Bot Accounts to conduct.

>SMITH spread his automated streams across thousands of songs to avoid anomalous streaming as to any single song, which would likely cause the Streaming Platforms to discover his scheme. At times SMITH was using as many as 10,000 Bot Accounts at once to fraudulently stream music, and he used fake email accounts and fraudulently-obtained debit cards to create the Bot Accounts. As SMITH explained it in an email, he needed “a TON of songs fast” in order to circumvent the “anti fraud policies” of the Streaming Platforms. To obtain the necessary number of songs for his scheme to succeed, SMITH turned to super intelligence, which he used to create hundreds of thousands of AI-generated songs for which he could manipulate the streams.

So this isn't even "haha wouldn't it be funny if we make a 10 hour song that's just silence and then convince people to play it while they're sleeping", which would at least be vaguely legal. This is far closer to ad fraud.

godwinson__4-8 • 51 minutes ago

None of this merits a prison sentence to me.

Should be a civil case. The readiness which with the United States incarcerates is a moral disgrace. Especially given the level of criminality the government itself exercises that goes unpunished.

gruez • 37 minutes ago

>Should be a civil case. The readiness which with the United States incarcerates is a moral disgrace. Especially given the level of criminality the government itself exercises that goes unpunished.

So what's your actual argument here? Is it

1. whatever he did isn't wire fraud?

2. whatever he did is wire fraud, but wire fraud shouldn't be prosecuted, similar to how crashing a car isn't prosecuted?

3. whatever he did is criminal and should be prosecuted, but trump is abusing his pardoning powers so every other white collar criminal should be off the hook?

fragmede • 33 minutes ago

It matters who you're stealing from. And if you're undermining the system itself. This is why counterfeiting currency is considered such a serious crime. If I photocopy a $1 bill, I get, what, $1 for free? That's not that big a deal. But because having fake currency in circulation undermines the entire system, and thus makes for serious crime, so, too, does having fake listeners and getting rich of the royalties. Who cares if Spotify's CEO can't get buy forest in Sweden, in duping the system, it undermines the drive for real actual human people to create music that other actual human people want to listen to. That there are other injustices on the world doesn't undermine this injustice being addressed.

iAMkenough • 29 minutes ago

If he has access to super intelligence, he shouldn’t need to scam those poor corporations.

NDlurker • 41 minutes ago

I stopped reading after "super intelligence"

The prosecutor is clearly a low IQ individual

wrs • 36 minutes ago

The prosecutor is an employee of the executive branch, so use of that term is unfortunately not optional.

cyberpunk • 55 minutes ago

They actually used the term super intelligence.

I hate this timeline.

BoxOfRain • 31 minutes ago

At least dystopian fiction often has cool aesthetics, 'super intelligence' is the kind of phrase that causes an earwax-melting cringe.

rpdillon • 51 minutes ago

Article mentions they've been ordered to:

> ‘Super intelligence’ is the term that President Donald Trump has ordered government employees to use in documents and statements in the place of ‘artificial intelligence’.

Very disappointing.

charlieflowers • 37 minutes ago

Surprised it is not "Super Intelligence of America"

garciasn • 1 hour ago

Generating the AI music wasn't illegal. Using bots to inflate /listens/ of an AI-generated song probably is against a platform's TOS, but isn't inherently illegal.

However, using bots to collect royalties on the songs generated definitely fits within the definition of wire fraud as he was using electronic communications (i.e., the internet), to carry out a scheme to defraud streaming services of money.

Dylan16807 • 54 minutes ago

The crime is fraud, and if he was using the service as offered he wouldn't have thousands of accounts pretending to be different people.

Are any major corporations doing something similar to this, play-botting to get other people's royalty money?

janalsncm • 40 minutes ago

> isn’t the United States a free market

No, far from it. A free market doesn’t have regulations, subsidies, tax incentives, bailouts, etc.

derekerdmann • 1 hour ago

> What crime did he actually commit?

Fraud. https://xkcd.com/1494/

bsoqk • 60 minutes ago

Using bots to defraud the platforms and get royalties he didn’t actually earn sounds like a crime to me, but what do I know. Maybe I should just make a Trump joke.

mindslight • 42 minutes ago

> It turns out that now, if you take advantage of the system as it was designed and gain a financial edge, you become a criminal

Yes, exactly. Traditionally, fraud consists of lying to obtain something you wouldn't have gotten otherwise. This seems sensible, right?

But corpos have figured out how to abuse this - create a long list of business-method-desires in their "terms of service" (aka the legalese diarrhea that nobody reads). The corpos then take the position that users take on responsibility for the whims they've listed, merely by using their service as presented. When it turns out that users' interests differ from the corpo's whims, with a user doing something they don't like, they cry fraud.

In the past, this was limited by the facts that 1. legalese diarrhea wasn't really involved in day to day transactions (we relied on legislative law made by public bodies rather than private law unilaterally promulgated by corpos) and 2. when you bought something, the seller's control over it simply ended. Both of those assumptions have been blown away by pervasive communications, and we really need some reform here.

dessimus • 1 hour ago

[flagged]

tintor • 1 hour ago

[flagged]

js2 • 39 minutes ago

> At times SMITH was using as many as 10,000 Bot Accounts at once to fraudulently stream music, and he used fake email accounts and fraudulently-obtained debit cards to create the Bot Accounts

I gather these are cards that he opened and funded, not stolen cards. I'm surprised at this scale it wasn't detected much sooner.

These accounts had to be listening a lot in order to generate more royalties than the subscription fees. e.g. Spotify family is $21.99/mo for six accounts. That's $440K annually for 10,000 accounts. Sheesh.

Waterluvian • 40 minutes ago

Oh lord. “Super Intelligence”

So the agencies are forced to pretend every ridiculous thing their king says is a great idea.

podgietaru • 40 minutes ago

The AI is incidental to the story. The fraud is the fake streams for money.

dcow • 38 minutes ago

Genuine question: what if my agents produce better output if I stream audio to them while they work? Is that fraud?

bear141 • 60 minutes ago

The part saying he robbed streams from legitimate artists and fans is quite stupid but expected in a case like this.

Dylan16807 • 50 minutes ago

It says he robbed royalty payments which is true because of the way most of these services distribute royalties. All listens go into a global pool and count the same amount. So if you listen 20 hours a day, you control not only the royalty payments from your subscription but the royalty payments from several other people's subscriptions.

iamacyborg • 52 minutes ago

If there was a sane payment system for spotify it would be literally impossible for that to be the case.

casey2 • 47 minutes ago

Sam Altman is hiding tons of evidence of OpenAI's crimes. DOJ please investigate

criddell • 45 minutes ago

DOJ doesn't monitor this site.

Try here: https://www.p3tips.com/Drill.aspx

roosterIllusi0n • 43 minutes ago

This arrest was in 2024. This is the last remnants of a justice system being sunsetted.

2OEH8eoCRo0 • 52 minutes ago

How is that not protected by the first amendment?

LPisGood • 51 minutes ago

He was doing it fraudulently to make money.

2OEH8eoCRo0 • 48 minutes ago

I thought using bots in a misleading and inauthentic way was free speech. What about Elon's stock pumping twitter bots?

LPisGood • 46 minutes ago

That may be true by itself. However, misleading and inauthentic speech to make money is fraudulent and illegal.

nemomarx • 46 minutes ago

Who said those are legal? I'm sure that could be securities or wire fraud.

seb1204 • 38 minutes ago

I'd like to read more about this court case

LiquidSky • 39 minutes ago

Imagine showing this headline to someone in the 80s or before.

jauntywundrkind • 1 hour ago

Part of this does seem objectionable. But uhh, the other half, yikes. Superintelligence: ok for capital, not allowed for individuals.

> "Michael Smith exploited super intelligence technology to generate a fraud,” said U.S. Attorney Jamie McDonald. “By flooding music streaming platforms with automated bots in the place of consumers, and fake songs in the place of creativity, Smith robbed millions in royalty payments from genuine artists and their fans. This Office is committed to ensuring the integrity of all markets, and protecting the public from those who use super intelligence for fraud."

Wow, uh, he had a time machine?

> Smith’s streaming fraud lasted from 2017 to 2024

m000 • 26 minutes ago

Won't somebody please think of the artists? /s

People here in HN seem to believe that royalty collecting companies are some sort of charitable organizations for the benefit of the artists. But their conduct and practices range from questionable [1] to outright fraudulent [2]. And now they manage to fly below the radar, because everyone (artists included) is busy bashing Spotify. These companies would sue Spotify out of existence had they offered the option to directly pay the artists instead of going through them.

[1] https://www.reddit.com/r/japan/comments/1302np/jasrac_this_i...

[2] https://torrentfreak.com/huge-scandal-engulfs-greek-anti-pir...

tqi • 38 minutes ago

Feels like this is missing the bigger story, that this guy was using ai (AI!) to generate music in 2017-2024! /s

qoez • 1 hour ago

Feels like some kind of sentence to make an example of someone to scare off other people ala going after grandmas for napster. There's way too much of this going on on instagram and tiktok etc etc already. They went after this guy but is letting many people get away with it.