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)?
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
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!
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.
>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.
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.
>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?
What part of doesn't merit a prison sentence escapes you?
I'll take all 3. It really doesn't matter. I don't want this person going to prison in my name. A criminal case is supposed to represent the public interest. A free society is meant to set a high bar to deprive someone of their liberty. The streaming platform can sue him if they like. A civil case that results in punitive damages is also understandable.
In my view, incarceration in this instance is a disgrace. The argument is a moral one, not a legalistic one.
Perhaps the statutes around wire fraud should be reformed. IDK it's not my area, and my argument doesn't rely on a legalistic interpretation, rather it suggests if the law's answer here is to put this person in prison something is wrong with the law. That is the argument. You seem to be asking me how would I codify the solution or else you have misunderstood me.
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.
I simply don't buy that this is like copying a $1 bill.
And I don't think you do either. I think one could construct a suitably objective test that would relegate certain instances of this sort of fraud to the civil courts where I think they belong.
Part of the problem is conflating the private Spotify ecosystem with "the system" writ large. In any event, a civil case with appropriate punishment would serve to dissuade others from taking the same action.
> ‘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’.
How much power does this actually have in the US? I remember here in the UK when Jacob Rees-Mogg (a man known for his dedication to traditionalism) required that his staff follow a fussy style guide demanding all non-titled men be addressed as Esq and to use imperial units. As far as I'm aware, it never stuck.
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.
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.
> 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 merely by using their service as presented, users take on responsibility for abiding by the whims they've listed. When it turns out that users' interests differ from the corpo's whims, and a user doing something they majorly 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.
> 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.
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.
> 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.
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.
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.
"Taylor Swift received 9.3 million streams on YouTube Music from family plan streams in April 2023., In the same month, Smith’s bot accounts used family plans to fraudulently stream his AI-generated music 80.9 million times."
what always fascinates me about crime like this is, if this guy hadn't tried to make 8 million dollars with 10k bot accounts and boosted himself straight to the top, he could have easily made a few thousand per month. How are people clever enough to set this scheme up to begin with but don't consider that you maybe shouldn't try to alert the entire fraud department
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
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.
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.
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)?
He is guilty of creating a bot farm to stream his music, to increase his user count to earn royalties, which is fraud.
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
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!
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.
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?
I'll take all 3. It really doesn't matter. I don't want this person going to prison in my name. A criminal case is supposed to represent the public interest. A free society is meant to set a high bar to deprive someone of their liberty. The streaming platform can sue him if they like. A civil case that results in punitive damages is also understandable.
In my view, incarceration in this instance is a disgrace. The argument is a moral one, not a legalistic one.
Perhaps the statutes around wire fraud should be reformed. IDK it's not my area, and my argument doesn't rely on a legalistic interpretation, rather it suggests if the law's answer here is to put this person in prison something is wrong with the law. That is the argument. You seem to be asking me how would I codify the solution or else you have misunderstood me.
And I don't think you do either. I think one could construct a suitably objective test that would relegate certain instances of this sort of fraud to the civil courts where I think they belong.
Part of the problem is conflating the private Spotify ecosystem with "the system" writ large. In any event, a civil case with appropriate punishment would serve to dissuade others from taking the same action.
What does adding a prison sentence accomplish?
I hate this timeline.
> ‘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.
The prosecutor is clearly a low IQ individual
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.
Are any major corporations doing something similar to this, play-botting to get other people's royalty money?
No, far from it. A free market doesn’t have regulations, subsidies, tax incentives, bailouts, etc.
Fraud. https://xkcd.com/1494/
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 merely by using their service as presented, users take on responsibility for abiding by the whims they've listed. When it turns out that users' interests differ from the corpo's whims, and a user doing something they majorly 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.
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.
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.
So the agencies are forced to pretend every ridiculous thing their king says is a great idea.
what always fascinates me about crime like this is, if this guy hadn't tried to make 8 million dollars with 10k bot accounts and boosted himself straight to the top, he could have easily made a few thousand per month. How are people clever enough to set this scheme up to begin with but don't consider that you maybe shouldn't try to alert the entire fraud department
Try here: https://www.p3tips.com/Drill.aspx
> "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
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...