Nirvana says the man pictured as the naked baby on its Nevermind album cover has milked his child pornography claims against the band long enough.
In a new filing in federal court in Los Angeles, lawyers for the group say Spencer Elden’s second amended complaint filed Jan. 12 should be dismissed with prejudice, meaning he should be sent packing without a chance to try again.
“For Elden, this is strike three. This case must end,” the lawyers wrote in their motion obtained by Rolling Stone.
In his initial lawsuit filed last August, Elden claimed the band — along with co-defendants including Universal Music Group, the David Geffen Company, Courtney Love as executor of Kurt Cobain’s estate and photographer Kirk Weddle — intentionally “leveraged the shocking nature” of his image as a naked 4-month-old baby swimming toward a dollar bill on a fishhook to make millions of dollars “at his expense.”
After a judge dismissed the case Jan. 3, lawyers for Elden filed a second amended complaint a week later that dropped a claim related to sex trafficking while adding more language to address alleged conduct within the last 10 years that would restart the 10-year statute of limitations on the child pornography claims.
For example, Elden and his legal team said the band celebrated Nevermind‘s 30th anniversary by re-releasing the album last September while continuing “to feature a lascivious exhibition of Spencer’s genitals on the cover.”
In their new dismissal motion, Nirvana’s lawyers said Elden’s second amended complaint failed to “identify any new victimization” that Elden “reasonably discovered for the first time after August 2011.”
“The time has run,” the new filing states. “Elden’s decision to not sue these defendants for the past 30 years, despite his decades-long knowledge of their same and unvaried conduct, is dispositive of his claim. It is as simple as that.”
Elden’s lawyers did not immediately respond to Rolling Stone‘s request for comment on the dismissal motion Monday.
In their prior Dec. 22 motion to dismiss the first amended complaint, Nirvana’s lawyers argued that Elden’s willingness to associate himself with the Nevermind cover over the years — such as selling autographed copies of the cover and at one point recreating the photograph as an adult for a paying gig — proved he didn’t suffer any damages.
Zara Larsson has indicated that she may have cancelled her December 3 appearance at the Formula One Abu Dhabi Grand Prix. The singer initially confirmed that she would not attend, before removing the comment and sharing a more detailed explanation of why the performance no longer feels right for her.
The Swedish star was scheduled to take the stage at Etihad Live on Yas Island during the Yasalam After-Race Concerts. Zara and Lewis Capaldi were due to launch the weekend’s entertainment. However, supporters encouraged her to reconsider the booking because of concerns surrounding the United Arab Emirates’ reported connections to Sudan’s Rapid Support Forces, a paramilitary organisation accused of committing atrocities during the nation’s civil conflict.
A fan commented: “Please read about what UAE is doing to Sudan then cancel your Abu Dhabi show!” Zara responded: “I will not be going to Abu Dhabi.” Fans later realised that both comments had been removed.
She then shared that she had been considering what it means for her, as an artist, to perform in particular countries.
The Midnight Sun singer explained: “I think about that a lot in my life as an artist… I wanna perform and spread joy and music for people in every country, because no single person is their government.
“I’ve met so many wonderful people from every corner of the world and I know this to be true in my heart. I love people, and I love my fans soooo much.”
Zara acknowledged that her original comment “maybe came off as an impulsive response,” but explained that she had given the booking serious thought. She now believes withdrawing is the decision that “aligns with me the most right now, for many different personal reasons beyond politics.”
She continued: “Maybe I’ll delete both comments and do a better statement soon. I hope to sing with you in the beautiful future!”
