A California judge has dismissed a child pornography lawsuit filed against Nirvana regarding the cover of their 1991 album, Nevermind. The lawsuit was filed by Spencer Elden, who is featured as a naked baby in the artwork.
"In short, because it is undisputed that [Elden] did not file his complaint within 10 years after he discovered a violation… the court concludes that his claim is untimely," U.S. District Judge Fernando Olguin wrote in his decision, according to Rolling Stone.
Olguin added: "Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint."
The complaint was filed back in August 2021 and named several defendants, including surviving Nirvana members Dave Grohl, Krist Novoselic, and Chad Channing, as well as Kurt Cobain's widow, Courtney Love. Photographer Kirk Weddle, art director Robert Fisher, Geffen Records, Warner Records, and Universal Music Group are all also listed.
In his original filing, Elden claimed that the group of defendants "knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so."
Elden had been seeking $150,000 from each of the defendants.
[Via]
