Drake’s music has received “billions of fraudulent streams” on Spotify, according to a new class action lawsuit that says the streaming giant turned a “blind eye” to bots and thus deprived fair pay to thousands of other artists.
In a case filed Sunday in Los Angeles federal court, attorneys for a rapper named RBX (Eric Dwayne Collins) say Spotify is “all too happy” to ignore billions of fake streams per month that falsely inflate some artist stats – and that Champagne Papi was one of the most-boosted artists.
“Billions of fraudulent streams have been generated with respect to songs of ‘the most streamed artist of all time,’ Aubrey Drake Graham, professionally known as Drake,” the rapper’s lawyers write. “But while the streaming fraud with respect to Drake’s songs may be one example, it does not stand alone.”
The lawsuit claims that Spotify’s policies against fake streams are “nothing more than window dressing” and that the company would prefer to do nothing because bots help the company’s bottom line.
“The more users (including fake users) Spotify has, the more advertisements it can sell, the more profits the company can report, all of which serves to increase the purported value delivered to shareholders,” RBX’s attorneys say.
And such “cheating” has real victims, the lawsuit says: “This mass-scale fraudulent streaming causes massive financial harm to legitimate artists, songwriters, producers and other rightsholders whose proportional share is decreased as a result of fraudulent stream inflation on Spotify’s platform.”
A spokesman for Spotify did not immediately return a request for comment. Drake was not named as a defendant in the lawsuit nor accused of any wrongdoing; a rep for the star did not return a request for comment.
Streaming fraud on platforms like Spotify, Apple Music and Amazon Music is a longstanding problem, made all the more challenging in recent years by advances in artificial intelligence and other sophisticated spoofing technologies. By some estimates, several percentage points of all streams are inauthentic – meaning billions of monthly plays. Since royalties on digital services are divvied up among rightsholders from a finite pie, such phony numbers siphon off revenue from legitimate streams.
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In one extreme example, a North Carolina man was indicted last year on federal charges that he used AI to help create “hundreds of thousands” of songs and used thousands of bots to stream them millions of times. The feds say the scheme diverted over $1 million per year from real artists.
In his lawsuit on Sunday, RBX says he wants to force Spotify to take more aggressive action against such behavior on its platform, calling its current anti-fraud policies “inadequate at best.”
“Plaintiff brings this case to bring justice for his brother and sister creators and entertainers,” his lawyers write. “In doing so, Plaintiff gives a voice to more than one hundred thousand rightsholders who, among other things, may be unable or too afraid to challenge Spotify, a powerful force in the music business whose failure to act has caused significant problems and great financial harm.”
In technical terms, the lawsuit accuses Spotify of legal negligence, meaning the company caused harm to him and others by failing to take steps it should have taken. He also claims the company violated California state law against unfair competition.
The case is filed as a proposed class action, meaning RBX wants to represent thousands of other artists who have allegedly faced the same harm he did. But such other artists will only be drawn into the case if a judge grants approval – a difficult threshold to clear in any class action litigation.
