(UPI) – Nirvana has finally dismissed a child pornography lawsuit regarding the cover of the grunge band’s 1991 album Nevermind, which depicts a naked four-month-old baby.
The lawsuit was filed in a California federal court last year by Spencer Alden, who featured on the album cover, and named the band’s surviving members Dave Grohl and Krist Novoselic, as well as Courtney Love, widow of the late lead singer Kurt Cobain. . and the manager of his property.
Elden, 31, argued in a lawsuit that the notorious image was child pornography, that his parents never had permission to use the image, and that he never received compensation. Her case seeks $150,000 in damages, she.
His father, Rick Elden, told NPR in 2008 that his friend Kirk Weddle, who took the photo, paid him $200 to throw his son into the pool for the shoot.
Judge Fernando M. Holguin initially dismissed the case in January, after Elden did not challenge the defendants’ request for dismissal by December 30.
The band’s dismissal request states that Elden profited from being featured on the album cover, the statute of limitations had passed, and the image was not intended for sexual exploitation.
Under the ruling, Elden was allowed to file an amended complaint, the latest iteration of the case, which Judge Holguin dismissed on Friday.
“Because [Elden] “In Holguin’s judgment, when it has had the opportunity to rectify the deficiencies in its complaint regarding the statute of limitations, the court considers it futile to give the plaintiff a fourth opportunity to file a rectified complaint.”
She has recreated the handheld photo several times, but in an interview in 2016 she told GQ Australia that she was reconsidering whether it was appropriate to be nude on an album cover.
“I’ve had this all my life. But lately I’ve been thinking, ‘What if I don’t accept that my goddamn genitals are public?’ Elden said.
Source: Breitbart
