Nirvana Nevermind incognito suit rejected
A California judge has dismissed the case against Nirvana, led by Spencer Eldon, who appears as a naked baby on the cover of his album Nevermind.
Eldon sued the group last year for sexual exploitation and child sexual abuse. The 30-year-old said the scandalous image caused him "extreme and persistent emotional stress" and lost wages and "joie de vivre."
Nirvana filed for dismissal last month, saying Eldon's arguments were unfounded.
"Eldon's claim that the Nevermind cover photo is 'child pornography' should not be taken seriously at first glance," his lawyer said. Crime of Possession of Child Pornography".
They further point out that Eldon seemed to enjoy being known as the "Baby of Nirvana" until recently. "He has reproduced the photo many times for a fee; the album title is ... tattoo on his chest; she appears on talk shows in self-parody nude jewelers; he has an autograph on the album cover, which is sold on eBay; and he uses connections to try to take women."
The motion was filed by lawyers representing surviving Nirvana members Dave Grohl and Krist Novoselic; Courtney Love, widow of Kurt Cobain; and Kirk Weddell, the photographer on the cover.
Despite the merits of Eldon's case, they claim that his claim expired in 2011, which means it's too late to file a lawsuit.
His lawyers say the statute of limitations does not apply as long as Nevermind is resold in its current form.
"Child pornography is an eternal evil," Marsh Lowe said in a statement to Variety last year. "Any spread or profit from sexually explicit images of a child not only creates long-term responsibility, but it also causes lifelong trauma. Unfortunately, this is common to all of our customers who are victims of actively trafficked child pornography, no matter how long the image has been around."
Elden's team had until December 30 to respond to Nirvana's resignation offer but missed the deadline.
Judge Fernando M. Allguin later dismissed the case "with permission to change" - meaning that his team had until January 13 to re-file the patient with appropriate changes.