Chang v. Virgin Mobile USA, L.L.C.

Alison Chang (plaintiff), a Texas resident, had a photo of her uploaded to Flickr by her church counselor, Wong, also a Texas resident, under a permissive Creative Commons license. Virgin Mobile (defendant), an Australia-based company, found the photo on Flickr and used it in an advertising campaign that ran only in Australia; Virgin never used or posted the ad in the United States. Chang sued in Texas, and Virgin moved to dismiss for lack of personal jurisdiction; Chang argued jurisdiction existed because Virgin had purposefully accessed Flickr's servers, which she contended were located in Texas.