NIRVANA ‘Nevermind’ child’s lawsuit dismissed for the last time

according to rolling rockA judge dismissed the third version of the case against him Nirvana Raised by the man claiming to be the kid on the band’s cover “It doesn’t matter” album.

In a decision issued Friday, a US District Court judge Fernando Olgen In Los Angeles Spencer Elden I waited too long for a photo of a child reaching for a dollar in a swimming pool that violated federal child pornography laws and argued child sexual exploitation. Elden He also claimed that the photo on the cover was taken and used without his consent. Olginhis separation is forbidden Elden From submitting a fourth copy of his complaint.

“In short, because it is indisputable about it [Elden] He did not file his complaint within ten years after discovering a violation…the court concluded that his suit came too late,” Olgin Books in the rule of eight pages.

“Because the plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is convinced that it would be futile to give the plaintiff a fourth opportunity to file an amended complaint,” the judge continued.

In the December 2021 motion to reject, NirvanaBeside Kurt Cobainwidow, Courtney Loveasked the court to drop the lawsuit, saying EldenClaims that the picture on “It doesn’t matter” The cover is that child pornography is “not dangerous” and insists his claim is “prohibited under the applicable statute of limitations.” Federal Child Pornography Act has a 10-year statute of limitations, which begins when the victim “reasonably discovers” the violation itself or the harm caused.

On January 3, 2022, Judge Fernando Mwho was presiding over the case in the US District Court in Central California, dismissed the case after Elden He missed his December 30 deadline to file an opposition to the defendants’ motion to dismiss. but, Elden He had the option of re-filing an amended lawsuit by January 13, which he did.

In the amended lawsuit, Elden claim it Nirvana “Deliberately marketing pornography depicting children in pornography Spencer He took advantage of the glamorous nature of his image to promote ‘It doesn’t matter’ album, band and NirvanaWhile she was making, at least, tens of millions of dollars in total.” However, the second amended complaint dropped a sex-trafficking lawsuit. EldenThe defendants’ previous lawsuit alleged that the defendants “knowingly benefited from participating in what they knew or ought to know to be legitimate sex trafficking.”

In their motion to refuse, Nirvana He said: “Elden He spent three decades capitalizing on his fame as the self-anointed “Nirvana Baby.” He re-enacted the image for a fee several times; It had the album title ‘It doesn’t matter’ tattoo on his chest. He appeared on a talk show wearing a nude-colored satirical onesie; He signed copies of the album cover for sale ebay; Contact has been used to try to pick up women.”

The suggestion added:EldenClaims that the picture on ‘It doesn’t matter’ The album cover is Child Pornography, on the face of it, not serious. Brief examination of the image, or EldenHis personal behavior (not to mention the presence of the image in the homes of millions of Americans who, on Eldentheory, guilty of felony possession of child pornography) explains it.

“The ‘It doesn’t matter’ The cover photo was taken in 1991. It became world famous no later than 1992. Long before 2011, as Elden have pledged, Elden He knew about the photo, and knew that he (and no one else) was the child in the photo. He has been fully aware of the facts of both the “violation” and the “presumed harm” for decades.

The motion went on to say: “In addition to his allegations of child pornography, Elden Allegedly creating the album cover entailed sex trafficking Elden as a child. Putting aside that this assumption is absurd, the law Elden It invokes coverage of conduct in 1991, became effective on December 19, 2003 and has no retroactive application for respondent conduct prior to its effective date.”

late last year, Elden amending his claim against Nirvana To include the claim that the photographer was hired to take the photo, Kirk Weddellalso took pictures of Elden style to looks play boy Founder Hugh Hefner. The new deposit also drops previously Nirvana drummer Chad Channing as a defendant in the case.

according to rolling rockAnd the EldenThe first updated complaint was cited by personal journal entries from late Nirvana front man Kurt Cobainwhich was posted by Riverhead Books in 2002, in an apparent attempt to substantiate the claim that the photographer intended the cover photo to be of a sexual nature.

“Undated journals written by two cups The document stipulated that the album cover should be painted sexually, with semen all over it. In several cases, magazines have described two cupsTwisted vision of ‘It doesn’t matter’ The album cover, along with his emotional struggles: “I like to make slits in babies’ tummy and then fuck the slit until the baby dies.”

The documents also reiterated the claim that wedding Aimed to “evoke a deep sexual response from the viewer” by activating”SpencerThe ‘gag reflex’ before being thrown under the water in the highlighting and emphasizing positions SpencerHis exposed genitals “documents add:”wedding Soon after producing photos Spencer Dressed and portrayed as Hugh Hefner. “

When Elden He first brought his case against the surviving members of Nirvana As well as the estate Kurt Cobain In August 2021, he alleged that a photo of a child reaching for a dollar in a swimming pool violated federal laws on child pornography and argued the sexual exploitation of children.

A month after filing his lawsuit, Elden He requested that his genitals be removed from “all future album covers” on the project’s 30th anniversary.

“Today, like every year on this date, our client Spencer Elden He had to position himself for renewed unwanted attention from the media and fans alike around the world,” his lawyers said. USA Today. “This is a choice he never had before.”

The lawyers said they plan to continue the legal process in order to “return the long-awaited privacy and dignity to our client.”

“We appeal to Nirvana Defendants to correct the mistakes of their past, by acknowledging the harm they have done and editing their image Mr. EldenGenitals from other copies of ‘It doesn’t matter’ Because behind every cover someone demands their privacy back.”

Deluxe Reissue for the 30th Anniversary of “It doesn’t matter”which showcases his original artwork for the cover, made available last November.

in EldenIn his complaint filed in Los Angeles federal court, he claimed that “his identity and legal name are forever linked to the commercial sexual exploitation of which he was subjected as a minor and which has been distributed and sold around the world since he was an infant to the present day…”

According to the lawsuit, the defendants “willfully produced, possessed, and advertised commercial child pornography that they conceived.” SpencerAnd they knowingly got value for doing so. … Despite this knowledge, the accused failed to take reasonable steps to protect Spencer And prevent his sexual exploitation and the trafficking of images on a large scale.”

Elden He claimed that his parents never signed a statement allowing the use of the photos, which were taken at the Pasadena Aquatics Center in 1990. He claimed that the band promised to cover his genitals with a sticker, which was never incorporated into the album art.

The lawsuit further alleged that the defendants “used the depiction of children in pornography.” Spencer As a key element of the disc promotion scheme commonly used in the music industry to gain attention, album covers display children in a sexually provocative way to gain fame, increase sales, and attract media attention and critical reviews.”

Elden He sought damages of $150,000 from each of the defendants or unspecified damages to be determined at trial, attorneys’ fees, an injunction barring all parties “from continuing to engage in the unlawful acts and practices described here,” and a trial by jury.

“The nearly permanent damage he has suffered includes, but is not limited to, severe and permanent emotional distress with physical manifestations, interference with his normal growth and educational progress, loss of ability to earn a lifetime income, loss of past and future wages, and past and future expenses for medical and psychological treatment loss of enjoyment of life, and other losses that must be described and proven at trial in this matter.”

EldenHer parents reportedly only made $200 for the photos, and filming lasted about 15 seconds.

In a 2016 interview with time magazine, Elden He said, “It’s a journey. Whoever’s on the album has tons and tons of money. I feel like the last bit of rock. I live at my mom’s house and drive a Honda Civic.”

“It’s hard not to get upset when you hear how much money is involved,” Elden added. “I go to a baseball game and think about it: ‘Man, everyone at this baseball game has probably seen my little penis,’ I feel like part of my human rights have been revoked.”

“It doesn’t matter” It has sold more than 30 million copies worldwide and has been certified diamond by Ria For sales of over 10 million copies in the United States alone.

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