alt Hacker News> but creating multiple accounts, even if they're fake, is usually just a TOS violation, or maybe a civil matter, not criminal.
Yes, in and of itself, creating multiple accounts in violation of TOS is probably not a criminal fraud under either state or federal law.
But when you do it as the mechanism to conceal streaming manipulation in violation of the agreement that governs the terms of payment, and thereby to secure large amounts of money from the streaming service under false pretenses (and, given the structure of streaming payments, to deny payment to other song owners which they would have received without the deception) on the other hand is a different story.
Like yeah, flexing your index finger isn’t a crime, either, but if you are holding a gun with that finger on the trigger and the barrel pointed at someone's head...
The law very often is focussed more than anything about the purpose and effect of an action, and that you can ignore that and describe the action in terms that aren't criminal without considering purpose and effect really doesn't matter.
The fraudulent debit cards are definitely criminal.
Using bots to automate listening to his own songs was likely fraudulent too because he was being awarded royalties. If his songs had been monetized in some other way I'm not sure what he did would be fraud.
I don't think creating multiple accounts is, even if it's in violation of the TOS.
If that was the case, anyone who signs up for multiple accounts on a website/app to get multiple coupons/bonuses/etc... would be committing fraud.
None of this is close to firing a gun pointed at someone's head.
They very clearly made an example of him given the sentencing, but I don't think they were confident about all the charges in the indictment based on the plea agreement and the crazy high succuss rates in federal criminal cases.