contract-law internet digital-contract breach-of-contract
Face prosecution under Spotify’s terms &amp; conditions?
<p>Hypothetical: Suppose that I have an acquaintance who is an artist on Spotify. In an effort to promote said person’s music, I offer to loop their music on my computer ad infinitum in return for a cut of the royalties earned from the plays I have added. Assume their previous play number to be 0 per day, in order for my contribution to their earnings to be clear. The artist agrees to carry out the operation with me.  I realize that I am only earning a few dollars per month using one account, so I decide to create additional accounts which I use to loop the same music along with my original account on my computer.</p>

<p><em>Is there any part of the Spotify terms &amp; conditions that prohibits either the use of one or multiple accounts to stream music for such an enterprise?</em> I have noticed the following relevant point under “8 User guidelines”: “artificially increasing play count or otherwise manipulating the Services by using a script or other automated process.” I would argue against any violation of this, since the very automated process which allows the looping of this music to take place is a feature of the application published by Spotify.</p>

<p><em>If so, what are the possible legal repercussions of my actions?</em></p>

<p><em>If not and Spotify somehow restricts my use of my own account and the others I have created, could I pursue legal action against Spotify?</em></p>

<p>Spotify Terms and Conditions of Use: <a href="https://www.spotify.com/us/legal/end-user-agreement/" rel="nofollow noreferrer">https://www.spotify.com/us/legal/end-user-agreement/</a></p>

<p>I don't have to look at the terms and conditions because what you are describing is the crime of fraud - using deceit for financial gain.</p>

<p>Spotify owns the resource, not you.  You are trying to use someone else's resources (Spotify) for the purpose of personal financial gain.  To avoid any legal trouble with Spotify, You would probably need to give Spotify a cut of any revenue that you make using their services.</p>

<p>The legal repercussion of your action is that if Spotify were ever to discover your action and your intent, they could sue you for the revenue that you profited from using resources that you do not own.</p>
