What a company 'requires you to agree to' is unrelated to fraud. The issue I'm considering is whether the relevant crime is fraud.
def., Fraud, "knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment"
For it to be fraud, they would have had to relevantly misrepresent themselves in some transaction. The question is whether their actions were misrepresentations. This is unclear.
If I upload a song to Spotify I am not promising anything wrt to who listens to it or how. If I stream a song from Spotify I'm not promising to listen to ads, or only to listen to as many songs as are profitable for Spotify. So it's unclear that any misrepresentation has been made.
Spotify is well within its rights to terminate these accounts for TOS violations, and there might be some crime in taking payments from spotify.. but this is quite unclear.
There's a real problem in saying that whatever BS a company puts in its TOS defines fraud and if you dont do that you're defrauding a company. If that's true, then you're probably defrauding companies all the time, as are many.
def., Fraud, "knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment"
For it to be fraud, they would have had to relevantly misrepresent themselves in some transaction. The question is whether their actions were misrepresentations. This is unclear.
If I upload a song to Spotify I am not promising anything wrt to who listens to it or how. If I stream a song from Spotify I'm not promising to listen to ads, or only to listen to as many songs as are profitable for Spotify. So it's unclear that any misrepresentation has been made.
Spotify is well within its rights to terminate these accounts for TOS violations, and there might be some crime in taking payments from spotify.. but this is quite unclear.
There's a real problem in saying that whatever BS a company puts in its TOS defines fraud and if you dont do that you're defrauding a company. If that's true, then you're probably defrauding companies all the time, as are many.