A judge of California (USA) rejected the lawsuit filed by Spencer elden, which as a child appeared on the famous cover of the album “Nevermind” (1991) by Nirvana, for an alleged case of child pornography.
The magistrate Fernando M. Olguin determined in a brief that Elden did not present within the established time his response to the request of the former members and heirs of Nirvana so that the case was dismissed and therefore proceeded to agree with the defense.
However the judge It was open to amending its decision and potentially considering the case if the complainant files a new claim within the established period of ten days from the court decision.
If in the next ten days Elden does not file this new lawsuit, the case will be dismissed definitively and the plaintiff will not be able to sue again.
In his original complaint, Elden accused Nirvana to intentionally and commercially promote child pornography and to use the shocking nature of their image to promote themselves and their music.
The lawsuit also held that accused they benefited and continue to benefit from Elden’s “commercialization of sexual exploitation.”
Among those named in the lawsuit were Dave Grohl and Krist Novoselic, who together with the legendary and late Kurt Cobain (1967-1994) made up the classic line-up of Nirvana.
The lawsuit also targeted Kirk Weddle, who was the cover photographer for “Nevermind”; and Courtney Love as heir to the Cobain estate.
The cover of “Nevermind” is considered one of the most iconic in rock history and shows a baby diving in a pool and hunting for a dollar bill.
As a teenager and as an adult, Elden has jumped back into the pool to recreate that cover multiple times.
That was what he did, for example, in 2016 when the album’s quarter century was completed.
On other occasions, he has shown to the press his distaste for being linked to that image.
Strangely, the complaint also accused Chad Channing, who was a drummer for Nirvana in its first years and that it left the formation in 1990, that is to say, before “Nevermind” was published.
Elden was seeking compensation for, according to the lawsuit, “damages he has suffered and will continue to suffer for life.”
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Source-www.diariolibre.com