LOS ANGELES – A federal judge dismissed a 30-year-old man’s lawsuit claiming that his 4-month-old nude photos on the cover of Nirvana’s “Nevermind” album in 1991 were child pornography.
Judge Fernando M. Olguin approved a motion on Monday to dismiss the defendant’s lawsuit. The defendants included living Nirvana members Dave Grohl and Krist Novoselic and Kurt Cobain, But opened the door for the plaintiff Spencer Eldon Resubmit the revised version.
Dismissal is after From hand‘S lawyers did not challenge the defendant’s motion to dismiss before the December 30 deadline. On Tuesday, the lawyer declined to comment.
The lawsuit was filed in California federal court in August, stating From hand As the band and others profited from the ubiquitous image, they suffered “lifetime damage” he Naked underwater seems to be swimming after a dollar on the hook.
Nirvana’s lawyers filed a motion for dismissal on December 22, arguing that the filing of the lawsuit far exceeded the 10-year statute of limitations of one of the laws, and that the other law it cited was not promulgated until 2003 and does not have retrospective effect. force.
The motion stated that the lawsuit was “superficial and not serious”, and From handThe behavior reflects this.
“From hand It took three years to profit from it his Celebrities are self-anointed’Nirvana babies’,” the document said.he Re-make photos several times in exchange for fees; he The album title “Nevermind” is tattooed on his chest; he once appeared on talk shows in a self-imitating nude one-piece suit; his autographed copy of the album cover is sold on eBay; he has already used this Contact to try to strike up a woman. “
The judge gave From hand’S lawyers filed a revised complaint before January 27 to resolve the issues raised in the defendant’s motion, otherwise the lawsuit will be more clearly dismissed.
one From handIn August, his lawyer Maggie Maby told the Associated Press that he filed a lawsuit because he “finally had the courage to hold these actors accountable.”
Mabie said that although the photo is 30 years old, the lawsuit falls within the statute of limitations of the federal child pornography law for a variety of reasons, including the fact that the photo is still in circulation and making money.
The lawsuit requires more than a dozen defendants each to receive at least $150,000 in compensation, including the record company that participated in the release and re-release of “Nevermind” and the cover photographer Kirk Weddle.
From handHis father is a friend of Wedel, and he took photos of several swimming babies in different scenes at the Rose Bowl Aquatic Center in Pasadena, California.
When this photo was taken, Nirvana was a little-known band. They produced a contemporary album on their first major record label “Nevermind”. The songs included “Smells Like Teen Spirit”, “Come as You Are” and “Lithium”. Cobain Died in 1994.
The Associated Press usually does not name people who claim to be victims of sexual abuse, but they may make repeated public appearances, such as From hand have.
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