Chang v. Virgin Mobile USA, L.L.C.
United States District Court for the Northern District of Texas
2009 U.S. Dist. LEXIS 3051 (2009)
Virgin Mobile (Virgin) (defendant) was a company based in Australia. Virgin launched an advertising campaign in Australia that featured a collection of photos from Flickr, a public photo website. Alison Chang (plaintiff) was a resident of Texas who had her photo uploaded on Flickr. Chang’s photo had been uploaded by her church counselor, Wong, also a resident of Texas. Wong uploaded the photo under a Creative Commons Attribution license, which provides for the most unrestricted use available. Chang’s photo was found by Virgin on Flickr and used in Virgin’s Australia campaign. Virgin never used the advertisement incorporating Chang’s photo in the United States, and it never posted the photo on its website. Chang sued in Texas court. Virgin moved to dismiss the suit for lack of personal jurisdiction. Chang responded that the court had personal jurisdiction because of Virgin’s purposeful contacts with Flickr’s Texas servers.
Rule of Law
Holding and Reasoning (Fitzwater, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 177,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.