Nirvana members win dismissal of Nevermind lawsuit; which was considered to be Child Pornography
Nirvana members win dismissal of Nevermind lawsuit; which was considered to be Child Pornography
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A guy who claimed that Nirvana's 1991 album Nevermind cover featuring him as a naked four-month-old infant was child pornography has had his lawsuit against the band dismissed. Spencer Elden waited too long to accuse Nirvana of sexually abusing him, according to US District Judge Fernando Olguin in Los Angeles, who ruled on Friday. Elden filed a lawsuit more than ten years after learning about the cover.

Courtney Love, the widow of late lead singer Kurt Cobain, Dave Grohl, and Krist Novoselic of Nirvana, as well as a number of record labels and photographer Kirk Weddle, were also named as defendants. The dispute arose from Nirvana's use of a photograph by Weddle that showed Elden swimming naked toward a dollar bill punctured with a fish hook in the Pasadena Aquatic Center in California in 1991.

Elden replicated the photograph as an adult in 2016 with "Nevermind" tattooed on his chest after being interviewed about the photo by Rolling Stone magazine in 2003 when he was 12 years old and claiming that he was "probably going to receive some money from it." Nevertheless, he argued that he satisfied the statute of limitations because his injuries, which included mental distress, lost earning potential, and "loss of enjoyment of life," persisted into adulthood in his case, which was filed in August 2021.

The judge dismissed that claim, stating that it would essentially give Elden unlimited time to sue Nirvana. In conclusion, Olguin stated, "Plaintiff fails to demonstrate that he knew of a violation that happened when he was a juvenile or an injury that constitutes the basis of the claim within 10 years of filing this case." Elden had already submitted three iterations of his case, and Olguin's dismissal makes it impossible for him to submit a fourth.

Requests for comment on Saturday were not immediately answered by an attorney for Elden. "We are glad that this meritless lawsuit has been brought to a swift final resolution," the defendants' attorney Bert Deixler stated. "Smells Like Teen Spirit" is a song from the film Nevermind. Revenue exceeded $30 million.

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