Wednesday, February 20, 2008

Andersen v. Atlantic class action complaint dismissed with leave to replead

Once again, thanks to Tony Green of The Oregonian, for alerting us to this:

In Andersen v. Atlantic, the class action pending in Portland, Oregon, the Court has dismissed the complaint, but granted plaintiff Tanya Andersen leave to replead.

February 19, 2008, Order Dismissing Complaint, Granting Leave to Replead*
Unofficial transcript of February 13, 2008, oral argument*

* Document published online at Internet Law & Regulation

Commentary & discussion:
Bullivant Hauser Bailey

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property


Anonymous said...

The way I read this ruling it seems to say that the plaintif won the right to proceed on all claims except for #13 & #32 and that those could be refiled after some technical issues requiring their dismissal were cleared up.

The way the title reads, it sounds like she lost on the whole thing, but could try again.


IANAL, but am I missing something here?

StephenH said...


Can you explain what this means for her. Will she need to refile them?