September 5th, 2024

AI-powered music scam nets musician $10M in royalties–and federal charges

North Carolina musician Michael Smith faces charges for defrauding streaming services of $10 million by creating fake songs and using bots to inflate streaming numbers, marking a significant legal precedent.

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AI-powered music scam nets musician $10M in royalties–and federal charges

Federal prosecutors have charged North Carolina musician Michael Smith with defrauding streaming services of $10 million through an elaborate scheme involving artificial intelligence. Smith, 52, allegedly created hundreds of thousands of fake songs attributed to nonexistent bands and used bots to stream them, collecting royalties from platforms like Spotify, Apple Music, and Amazon Music. This case is notable as it marks the first criminal prosecution in the U.S. for artificially inflating music streaming numbers. The charges against Smith include wire fraud and money laundering conspiracy, with potential prison sentences of up to 20 years for each count. His operation, which reportedly lasted seven years, involved creating fake streaming accounts and using software to play his AI-generated music on repeat, simulating individual listeners. Initially, Smith attempted to earn income through original compositions and collaborations but shifted to AI-generated music in 2018 after these efforts failed. By 2019, he claimed to have achieved 4 billion streams and $12 million in royalties, despite denying any wrongdoing when confronted about streaming abuse. The case highlights the intersection of technology and music industry fraud, raising concerns about the integrity of streaming metrics.

- Michael Smith is charged with defrauding streaming services of $10 million using AI-generated music.

- The scheme involved creating fake songs and streaming them with bots to collect royalties.

- Smith faces charges of wire fraud and money laundering, with potential sentences of up to 20 years.

- The operation lasted seven years and included billions of fabricated streams.

- This case is the first U.S. criminal prosecution for artificially inflating music streaming numbers.

Link Icon 15 comments
By @jsheard - 8 months
The buried lede is that he was botting fake listeners on his songs to fraudulently boost his payouts, which was the illegal part. Just spamming Spotify with AI dreck and hoping that real people listened to it would have been (legally) fine, but not as lucrative.
By @miohtama - 8 months
> Smith's scheme, which prosecutors say ran for seven years, involved creating thousands of fake streaming accounts using purchased email addresses.

Despite the title, there is little AI in here. The automatically generated music barely existed seven years ago. It really does not matter what noise you upload to these services, as it is not really validated. It’s just bots streaming your songs, like you can have bots viewing your website for ad impressions.

By @jzb - 8 months
Looking at the figures, this means that a band would need to have more than 120,000 plays daily to earn the equivalent of $15 an hour for a 40-hour week. (If my back-of-the-napkin math is correct based on the article saying that 661,400 plays daily earned a potential $3,307.20.)

I've little sympathy for Spotify and the rest _but_ this scheme -- if I understand how Spotify pays out -- reduces payouts to other folks. I don't know if society is well-served by sending him to prison, but he should definitely be penalized somehow until that money, plus damages, is redirected to actual artists.

By @geor9e - 8 months
Reminds me of when I was 11 and pasted stolen nintendo 64 content on geocities until I was earning $10 a month checks, then I got greedy and learned javascript to click my own banners every second 24/7 but somehow they caught on and my business empire all came crumbling down
By @pohl - 8 months
I’m trying to muster sympathy for someone who tried to make a quick buck putting garbage into the world, but I just can’t get there.
By @insane_dreamer - 8 months
> used AI to create hundreds of thousands of fake songs by nonexistent bands, then streamed them using bots to collect royalties from platforms

Not a lawyer but I don't see how this is "fraud" or a "scam". He created actual music, which people listened to, and by listening to them, generated royalties. The fact that he could use AI to create hundreds of thousands of different songs is a problem for the music industry, but that's an AI problem in general (art, writing, etc.)

Ah, OK, I see the problem further down in the article. This was the illegal part:

> involved creating thousands of fake streaming accounts using purchased email addresses. He developed software to play his AI-generated music on repeat from various computers, mimicking individual listeners from different locations

By @paulpauper - 8 months
He shudda done those youtube fake elon/space-x livestream things on youtube. Those people make easily hundreds of thousands of dollars per video of BTC, and years later afik no arrests or action by feds. Apparently there is some legal loophole in which this crime is ignored or under the radar. As it's said, never steal from the rich.
By @ffitch - 8 months
For that to work Spotify should pay the artist more than it gets from the listeners (bots) who play author’s music. I doubt that’s the case though. Did bots raise track popularity and money was coming from legit listeners? Or did the money come from the advertisers?
By @insane_dreamer - 8 months
> In a 2017 email to himself, Smith calculated ....; in an email earlier this year, he boasted ...

For someone smart enough to create bot listeners, it's weird that he wasn't smart enough to not write emails about it :/

By @spacebacon - 8 months
AI tends to master these creations. If a song is mastered it’s likely documented who mastered it. This could birth a music industry fueled authentication service in the future.
By @IG_Semmelweiss - 8 months
Is it possible to listen to music for free on spotify, for 7 years ?

That's the only way I can see this scheme working. But it seems odd to me that spotify would not put substantial walls up to validate new users, to prevent what is effectively musical adclick fraud.

By @curtisblaine - 8 months
The article doesn't explain how this is fraud. He must have done something else, because I can't see how streaming AI-generated songs is a fraud.
By @Gualdrapo - 8 months
> Smith used artist names like "Callous Post" and "Calorie Screams," while their songs included titles such as "Zygotic Washstands" and "Zymotechnical."

I mean, those sound like pretty rad names for punk bands and punk songs. Hadn't heard such original names since Seth Putnam left us.

By @paulpauper - 8 months
looks like he had the technical chops for a career in tech. would he have earned millions? Maybe not but it would be honest work.
By @itronitron - 8 months
If a bot listens to an audio stream but it doesn't have any ears does the audio make a sound?