A federal judge sided with Nirvana and dismissed a child pornography lawsuit filed by the man who appeared as a nude baby on the cover of the band’s 1991 album 'Nevermind'
and dismissed a child pornography lawsuit filed by the man who appeared as a nude baby on the cover of the band’s 1991 albumSpencer Elden, now in his 30s, claimed the album violated federal child pornography laws by displaying a sexualized image of a minor. But Judge Fernando M. Olguin ruled that the case was filed well past the statute of limitations for such cases.
The album’s cover — a nude infant swimming in a pool chasing after a dollar attached to a fishhook — had long been interpreted as an edgy critique of greed and capitalism. But in a lawsuit filed last summer, Elden claimed it was something else entirely: the kind of “lascivious” display of a minor’s genitals that’s prohibited under federal child pornography statutes.
In addition to Nirvana’s corporate entity, the lawsuit also named Kurt Cobain’s estate, Universal Music Group, Dave Grohl and a number of other companies and individuals. “Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he was the baby in the photograph,” the band wrote in its motion to dismiss the case. “He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades.”
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