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Nevermind: Judge rejects bizarre ‘child porn’ lawsuit against Nirvana

Nevermind: Judge rejects bizarre ‘child porn’ lawsuit against Nirvana
Nevermind: Judge rejects bizarre ‘child porn’ lawsuit against Nirvana
Written by Harry Johnson

Nirvana’s legal representatives stated that, if proven true, it would mean anyone owning the record is “guilty of felony possession of child pornography.”

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Last year, Spencer Elden, now 30, who was the naked baby on Nirvana’s 1991 ‘Nevermind’ album cover, filed a ‘child pornography’ lawsuit accusing the band of sexual exploitation and arguing that the cover art constituted child sexual abuse.

The band had dismissed the claim as “not serious” from day one.

Yesterday, California Central District Court judge, Fernando M. Olguin, has rejected a lawsuit, after Elden’s legal team failed to meet a court deadline.

In his legal filing, hMr. Elden argued he’d suffered loss of wages and “enjoyment of life” due to the use of the photograph, saying it had caused him “extreme and permanent emotional distress.”

The band responded to the allegations last month by filing a request in court to dismiss the lawsuit, arguing that Elden’s allegations lacked merit.

“Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” Nirvana’s lawyers said, alleging that he had previously appeared to enjoy being known as the “Nirvana baby.”

Urging the court to dismiss the claim, Nirvana’s legal representatives stated that, if proven true, it would mean anyone owning the record is “guilty of felony possession of child pornography.”

Also, the band further stated that Elden’s case failed to stand up in court because the statute of limitations on his claim expired in 2011, preventing him from being eligible to sue.

Elden’s lawyers at Marsh Law refuted the band’s defense by stating “child pornography is a forever crime,” adding that any money earned from the image “creates longstanding liability” and “breeds lifelong trauma.”

As Elden’s team failed to meet the December 30 deadline to respond to Nirvana’s request for dismissal, Judge Olguin rejected the lawsuit.

Elden’s team has until January 13 to refile the case.

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About the author

Harry Johnson

Harry Johnson has been the assignment editor for eTurboNews for almost 20 years. He lives in Honolulu, Hawaii, and is originally from Europe. He enjoys writing and covering the news.

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