That's certainly not the only misrepresentation Smith made throughout this scheme.

I'm having trouble understanding why you think it's particularly relevant whether these were free or paid accounts (as alleged in the indictment, the fraud made substantial use of paid family plan accounts).

It's worth noting that the scheme here was not merely bilateral between Spotify and Smith--it involved multiple streaming services, multiple distribution companies, the "Rights Organizations", and financial service providers who were all part of the overall scheme of delivering unearned royalties to Smith based on fraudulent streams.

If the facts alleged in the indictment are true, it seems immensely clear to me that Smith made multiple false representations to each of these parties as part of the scheme to have them deliver streaming royalties to which he knew he was not entitled. Among those false representations were: - false names provided on accounts for the purposes of concealing his identity - statements to financial service providers in order to obtain debit cards in those false names - agreement that he would refrain from engaging in manipulative streaming activity - insistence that he was not engaging in such manipulative activity when suspicion s arose

Smith directly responded to the suspicions that arose as early as 2018, but the scheme continued for years afterwards. So even if one were to make the case that he was initially unaware of a clause buried deep in the TOS, he was made expressly aware that he was in violation of those terms and chose to continue deceiving the parties (and indeed increased his efforts to conceal the fraudulent activity from the streaming platforms).

Now, it may be the Spotify alone wouldn't have a case for damages here since his activity didn't directly cause them to pay out more total royalties, and his subscriptions increased the total pool. But this isn't a civil case where Spotify is suing for breach of contract to claw back the royalty payments; there was $10M in royalties paid out to Smith that came from somewhere which was owed to someone other than Smith. Smith lied to multiple parties involved in the music steaming business in order to induce them to make those royalty payments.

I'm no lawyer, and so don't have a great idea if there's technical elements to the charges here that will be difficult to prove beyond a reasonable doubt, but I think it's more than clear that this was not 'fair play' on the part of Smith. I am reminded of the viral 'free money glitch' that went viral several weeks ago on TikTok: people were writing fraudulent checks, depositing them at ATMs and then withdrawing the cash portion that Chase permits you to withdraw before the check has fully cleared. That the automated systems for preventing this sort of abuse were imperfect does not somehow make it not fraud.