Nirvana ‘Nevermind’ lawsuit dismissed for ‘final’ time
The three-year legal battle over Nirvana Not serious the album cover is effectively complete, with his fourth court appearance having been dismissed.
Spencer Elden, who is pictured as a baby on the sleeve, had tried to sue the band, photographer Kirk Weddle and several record labels, accusing them of “child pornography” since he is naked in the image. His lawsuit had already been dismissed in January, the procedure giving him a last chance to reapply.
But U.S. District Court Judge Fernando Olguin issued an eight-page ruling, dismissing Spencer’s attempt to file his lawsuit for the fourth time. The judge ruled that the case was subject to a 10-year statute of limitations, which had expired, and therefore “the court finds that his claim is out of time”. He added: ‘Because plaintiff was given an opportunity to remedy the deficiencies in his claim regarding the statute of limitations, the court is satisfied that it would be futile to give plaintiff a fourth opportunity to file an amended claim.’
A legal representative of Nirvana said Reuters“We are pleased that this baseless case was brought to a speedy conclusion.” However, Elden’s lawyer, Margaret Mabie, said rolling stone he intended to appeal. “The interpretation of this decision … contravenes more than 15 years of well-established precedents and the purpose of the law intended by Parliament,” she said. “The Not serious The cover was created when Spencer was a baby, and there’s no way for her to get out of that victimhood as long as her image remains in the cast.
A criminal defense attorney had previously said rolling stone to believe that the case would be thrown out, saying that for the image to qualify as ‘pornography’, ‘it must appeal to the viewers lascivious interest. What is going to be at issue here is whether this album cover incites lustful interest, sexual stimulation, or viewer gratification. And I think it’s pretty clear that’s not the point.
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