Spencer Elden re-appeals judge's dismissal of his child porn lawsuit against Nirvana for 'Nevermind' album cover

Elden's attorneys claimed that the judge’s earlier decision was an incorrect application of the law

Spencer Elden re-appeals judge's dismissal of his child porn lawsuit against Nirvana for 'Nevermind' album cover
Spencer Elden has appealed for a dismissal of his earlier lawsuit against Nirvana over 'Nevermind' (Mike Lawrie/Getty Images)
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LOS ANGELES, CALIFORNIA: Spencer Elden, whose lawsuit against the iconic grunge band Nirvana for child porn was dismissed on Friday, September 2, has decided to re-appeal the judgement. Delivering the verdict, District Judge Fernando Olguin in Los Angeles said that he waited too long to claim that the band sexually exploited him. The 31-year-old man, who was featured naked as a newborn on the cover of Nirvana's 1991 album ‘Nevermind’, decided to sue the band more than 10 years after learning about it. Many sources believe that he is doing it for publicity as he did in 2016 when he recreated the same shot several years later.

The 2005 Act grants victims of child pornography the opportunity to file a lawsuit against individuals who create, distribute, or own the content, but the statute of limitations runs out once the victim reaches the age of 28. Elden's attorneys claimed that Judge Olguin's decision was an incorrect application of the law. He is requesting legal expenses and at least $150,000 in damages from each defendant. Courtney Love, the widow of late lead singer Kurt Cobain, Dave Grohl, and Krist Novoselic of Nirvana, as well as a number of record labels and photographer Kirk Weddle, were named as defendants in the lawsuit.

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Krist Novoselic of Nirvana is among the people that Spencer Elden has sued for 'sexually exploiting him' (Larry Busacca/Getty Images)

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According to Elden’s lawyer Margaret Mabie, "The majority of child pornography is exchanged far into the victim's maturity. Masha's law allows victims to file lawsuits for every invasion of privacy when their young children's photos are still in circulation. Under this theory, any child pornographer — such as Masha Allen's initial abuser — might simply wait out the time and then re-distribute terrible material with impunity. It's impossible to undo Spencer's childhood abuse."

'Nevermind' sold over 30 million copies in the past 30 years and is allegedly responsible for Elden's lifelong harm. He has tattooed the album title on his chest and reproduced the artwork for the record's 25th anniversary in 2016, according to Nirvana's attorneys, who claimed he has accepted his place in the history of the grunge band.

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Elden’s argument highlighted the emotional and mental suffering he endured was only stimulated in his adulthood to which the judge replied that he cannot allow the claim to stand indefinitely. "In sum, plaintiff fails to allege that he knew of a violation that occurred while he was a minor or an injury that forms the basis of the claim within ten years of filing this action," Judge Olguin had said.

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If you or anyone you know suspects child abuse, you are urged to immediately call the Childhelp National Child Abuse Hotline at 1-800-4-A-Child or 1-800-422-4453, or go to www.childhelp.org. All calls are toll-free and confidential and the hotline is available 24/7 in more than 170 languages.

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