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gruez • yesterday at 8:00 PM • 8 replies • view on HN

>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.


Replies

dcow • yesterday at 9:12 PM

I find this fascinating, actually. On one hand we must disincentivize fraud. On the other hand enforcement of laws really should have observable utility and not feel arbitrary. I’m much more on the “fix the model” side of the spectrum on this one. That doesn’t mean I think we should allow what SMITH did.

I feel uncomfortable when we start handing out prison for things that are isomorphic in utility to things that seem clearly legal.

Which of these are fraud:

a) I block or skip ads in media I consume

b) 1000 people block or skip ads in media they consume

c) I convince 1000 humans to play my songs every day and all of them listen to the ads

d) I convince 1000 of humans to play my songs every day and all of them skip the ads

e) I program 1000 bots to play my songs every day

(b) (d) and (e) all have the same outcome for ad agencies, nobody hears the ads. If (e) is the only one that’s problematic, then we aren’t solving the problem by prosecuting (e).

Similar vein to Matt Levine’s “everything is securities fraud” takes.

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godwinson__4-8 • yesterday at 8:11 PM

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.

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saaaaaam • yesterday at 9:27 PM

>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.

He turned to what, exactly, Donnie?

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cyberpunk • yesterday at 8:06 PM

They actually used the term super intelligence.

I hate this timeline.

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yolp5 • yesterday at 9:31 PM

Is every retarded influencer botting their view counts to spread antisocial content in exchange for money liable like this?

If so, I think we can save America.

palmotea • yesterday at 9:32 PM

> ...which were generally created using super intelligence...

> ... SMITH turned to super intelligence...

Holy shit, we've got ASI?

Where do I go to invest all the money I have in this breakthrough!

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iAMkenough • yesterday at 8:32 PM

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

NDlurker • yesterday at 8:21 PM

[flagged]

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