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Virgin Mobile Lawsuit
PostPosted: Mon 18:47, 15 Jul 2013
ertry03vc08

 
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Virgin Mobile Lawsuit
In June 2007, Virgin Mobile Australia launched an advertising campaign that featured a number of photographs taken from the popular photosharing website Flickr. One of these photos had as its subject a 15 year old girl from Dallas, Texas Alison Chang. It featured the text "Dump your pen friend,[link widoczny dla zalogowanych]," and also advertised "Free text virgin to virgin." The photograph was taken by Justin HoWee Wong and posted on Flickr under a Creative Commons "attribution" license.
Alison discovered the Virgin ad when she found a picture on Flickr that another user had taken of the ad in Australia. Her family filed suit against Virgin Mobile and Creative Commons, stating that neither Virgin nor Wong sought permission to use her image. The suit alleges libel and invasion of Chang's privacy. Additionally, Wong is also suing Virgin, claiming that the company failed to properly credit him.
News articles about the controversy are available here,[link widoczny dla zalogowanych], and here. CC's blogged response to the lawsuit is available here. Finally, a copy of the complaint is available here.
1,[link widoczny dla zalogowanych]. Was Virgin's use of the photo covered by the fair use doctrine?
2. Is there a way that Chang could have better protected herself,[link widoczny dla zalogowanych]? How about Wong?
3. Photosharing websites create a semipublic space where pictures are available to everyone, but where many users expect that very few will actually view their photos. Lara Jade Coton, a British teenager, placed a selfportrait on the artsharing site DeviantART. The defendants used her photo without her permission on the package of their porn DVD. The Consumerist posted that the "best part" of her legal complaint was the following excerpt:
"Apparently,[link widoczny dla zalogowanych], merely ridiculing Lara Jade was no longer satisfying so Burge [that's the pornographer] and TVX felt the need to accuse Lara Jade of "scheming," by which Burge presumably meant to suggest that Lara Jade, a teenager in England, had intentionally allowed her creative work to be placed on the internet in the hope that it would be stolen by a pornographic video manufacturer in Texas and used as the cover of a repackaged 1970's era pornographic movie so she could then locate the Texasbased pornographer in the hope of extracting compensation from it. The absurdity of this notion is readily apparent."
Unfortunately Lara has stated that the lesson to be learned is to think before you post pictures on the web. In both this and the Flickr/Virgin Mobil case I think it's terribly chilling to online expression to fear that your pictures will be stolen and used to promote someone else's goods in a way that is potentially very embarrassing to the subject of the photo. However,[link widoczny dla zalogowanych], this seems to be one area where the law is doing all it can both plaintiffs have very strong cases and it seems virtually impossible to create code that would have completely prevented the possibility of either instance while still allowing people to share photos.
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PostPosted: Wed 19:02, 24 Jul 2013
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Virgin Mobile Lawsuit
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