Date: January 05, 2022
“LOS ANGELES — A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a 4-month-old on the 1991 cover of Nirvana’s “Nevermind” album is child pornography.
Judge Fernando M. Olguin on Monday granted a motion to dismiss the suit from the defendants, who include surviving Nirvana members Dave Grohl and Krist Novoselic and the estate of Kurt Cobain, but left the door open for plaintiff Spencer Elden to refile an amended version.
The dismissal came after Elden’s attorneys did not file an opposition to the defendants’ motion to dismiss by a Dec. 30 deadline. The attorneys declined comment Tuesday.
The lawsuit, filed in August in federal court in California, said that Elden had suffered “lifelong damages” as the band and others profited from the ubiquitous image of him naked underwater appearing to swim after a dollar bill on a fish hook.
The motion to dismiss filed Dec. 22 by Nirvana’s attorneys argues that the suit was filed well past the 10-year statute of limitations of one of the laws used as a cause of action, and that another law it cites wasn’t enacted until 2003 and was not retroactive.
The motion says the lawsuit is “on its face, not serious,” and Elden’s conduct reflects that.”
It looks like Spencer Elden, after spending a lifetime exploiting the spoils of being “the Nirvana baby”, wants to cash in again…and force millions [?] of music fans into the status of “child porn purchasers/owners”…
Simply depicting a childs genitals is not child porn, by the way.
…But, hey…in the insane world of “child porn” craze…the prospect of a fat, juicy paycheck, probably sweetens the prospect of passing your own, personal “child porn” law…without authority or rationality…or honesty.
I will love seeing what happens, if countless “normal” people get informed they’ve “purchased and own child pornography”…and many major businesses openly sold it…
…Will there be any sane pushback?
…Will the population put up with this level of unscrupulous abuse from the elites?
I’d say Spencer Elden is a charlatan.