A Man Got 18 Months for Fake Streams. Here's What It Took From You.
The first criminal streaming-fraud sentence in the US, and the reason it comes out of the same pot that pays you.
On the 6th of October, in a Manhattan courtroom, a man called Michael Smith was sentenced to 18 months in federal prison. His crime was streaming. Not piracy. Streaming.
He made hundreds of thousands of songs with AI, built thousands of fake accounts, and pointed bots at them until Spotify, Apple Music, Amazon Music and YouTube Music had paid him more than $8 million. It's the first criminal case of its kind in the United States.
And here's the part that matters to you. Some of that money came out of the same pot that pays you.
The record
Smith ran the scheme from 2017 to 2024. In March he pleaded guilty to one count of conspiracy to commit wire fraud. The maximum was five years. Prosecutors asked for at least 46 months. His lawyers asked for probation, no prison at all. The judge landed on 18 months, two years of supervised release, and he forfeits just over $8 million.
The US Attorney's office summed it up like this: the songs were fake, the listeners were fake, the money was real.
Why it's your problem
To see why, you need to know how streaming actually pays. It isn't a fixed price per play. Each month a service takes the money it owes rights holders and puts it in one pot. Then it splits that pot by share of streams.
So picture a tiny version. The pot is $100. There are 100 streams, and ten of them are yours. You get $10. Now a bot farm adds 25 fake streams. The pot doesn't grow. It's still $100, but now it's split across 125 streams. Your ten streams are worth $8.
You did nothing different. You just got paid less.
Those numbers are made up to keep the maths simple. The mechanism isn't.
Spread thin on purpose
The clever part, and it was clever, was spreading it thin. Music Business Worldwide went through his own planning numbers. Early on he was running around 660,000 bot streams a day, spread across hundreds of thousands of tracks. That's about two plays per song per day. Nothing goes viral. Nothing trips an alarm.
In his own words, he needed a ton of content with small amounts of streams. One fake hit gets noticed. Hundreds of thousands of songs nobody listens to don't.
The services did respond. Since April 2024, Spotify only pays recording royalties on a track once it's had at least 1,000 streams in the previous 12 months. Spread two plays a day thin enough, and plenty of those tracks fall under that line. But a bigger bot fleet clears it, and Music Business Worldwide points out the threshold doesn't cover publishing royalties yet. So the door is narrower. It isn't shut.
The honest bit
$8 million, spread across every rights holder on four services over seven years, is a rounding error on any one artist's statement. I'm not going to tell you this guy cost you your rent. He didn't.
What he shows is the shape of the problem. Every fake stream, from every farm still running, comes out of the same pot. And 18 months is well under half of what prosecutors asked for, so the deterrent is smaller than the headline.
So what do you actually do with this?
- Never buy streams, and be careful with anyone selling guaranteed playlist placement. Distributors take releases down when they spot artificial streaming, and it's your name on the release, not theirs.
- Stop treating streams as the thing you own. You don't own a stream. You can't message a stream when your next single drops. What you can own is the list of people who chose to hear from you.
That's why I built droplr. It's pre-saves, smart links and download gates for independent artists and labels, and the point of all three is the same. When someone shows up, you get a real fan you can reach again, not just a number on a dashboard. It's one person running it, which is a downside, and I'd rather say that than have you find out.
Fake streams shrink the pot. Real fans are the only growth nobody can take off you.
Sources
Own the relationship, not the numbers
droplr is pre-saves, smart links and download gates that turn a listener into someone you can reach again. Free plan, no card.
Start freeGeneral information for independent artists, not legal, tax or financial advice. Reporting on a case or an investigation describes where it stood on the date above and nothing is a finding against anyone.