Jan 05, 2022 10:56:00

Judge dismisses a lawsuit of 'child pornography' by a baby in a jacket copy of Nirvana 'Nevermind'

The baby himself in the jacket photo of Nirvana's second album ' Nevermind ' had filed a lawsuit against the record company saying 'that photo is child pornography', but it is clear that the court dismissed the lawsuit. It has become.

Nevermind baby's child-porn lawsuit against Nirvana dismissed by judge | Ars Technica
https://arstechnica.com/tech-policy/2022/01/nevermind-babys-child-porn-lawsuit-against-nirvana-dismissed-by-judge/

The second album, 'Nevermind,' released by Nirvana in 1991, is one of the band's representative albums, with cumulative worldwide sales exceeding 30 million. In such a nevermind jacket picture, a baby is chasing a dollar bill on a hook while swimming in a pool, which has been regarded as an 'antithesis against capitalism'.

In August 2021, Spencer Elden, who became the model for such a world-famous jacket photograph, said, 'By intentionally and commercially selling child pornography, we took advantage of the shocking nature of the image. The wife of Dave Grohl and Krist Novoselic, former members of DGC Records and its parent company Universal Music Group Nirvana, and Kurt Cobain, who died as a vocalist of Nirvana. He filed a lawsuit against Courtney Love and others in the Federal District Court for the Central District of California.

The jacket picture of Nirvana's album, which sold more than 30 million copies worldwide, is sued by the person who was a baby model at that time as 'child pornography' --GIGAZINE

In response, Judge Fernando Orgin of the Federal District Court for the Central District of California said, 'In preparing the Second Amended Complaint, the plaintiffs were defendants'' The plaintiff's allegations, including the allegation that the plaintiff's claim is prescriptive under Article 1595, shall be carefully evaluated. I expect you to do it, 'he dismissed the lawsuit.

Mr. Elden filed a proceeding under the United States Code, Vol. 18, Section 2255, which is a child pornography law, and the United States Code, Vol. 18, Section 1595, which allows victims of human trafficking to file proceedings for civil damages. However, the Defendant insisted on the statute of limitations because the United States Code, Volume 18, Section 2255 has a 10-year limit.

'We will soon file a second amendment complaint in accordance with the court's order,' said Robert Lewis, Elden's defense counsel. 'We will be allowed to proceed with Spencer's proceedings. I'm sure. ' Judge Orgin is requesting the plaintiffs to file a second amended complaint by January 13, 2022.

In addition, the defendant stated that 'Mr. Elden's allegation would have failed even if there was no statute of limitations in Article 18 of the United States Code, Article 2255,' and there was no problem in using the jacket picture. Emphasis. In fact, it's clear that Elden has taken advantage of being a baby on the cover art of Nevermind to appear on talk shows, sell his autographed Nevermind on eBay, and pick up women. It has become.