Shortly before Christmas, the Nirvana estate made a statement about Elden’s lawsuit, calling it “not serious” and adding ( per Billboard): 13 to file or the lawsuit will be dismissed “witho ut prejudice,” the court documents state. Online court documents show that Elden still has the opportunity to file a second amended complaint “attempting to cure, to the extent he believes is warranted by existing law, the alleged defects outlined in defendants’ motion.” 30 deadline to file an opposition to the defendants’ request that the suit be tossed out. District Court for the Central District of California dismissed the lawsuit after Elden missed a Dec. More details, per NBC News (which also breaks down many of the details within the suit): The latest update in this saga, however, is that a judge has formally dismissed the lawsuit, per reports circulating on Tuesday morning. Variety notes, too, that “Non-sexualized nude photos of infants are generally not considered child pornography under law.” The album has sold more than 30 million copies worldwide and is generally considered the most important rock album of the 1990s. The image, of course, depicts Elden in a pose that looks like he’s swimming toward money on a fishing line, perceived as a slight against capitalism by the Kurt Cobain-fronted grunge trio, definitely a theme consistent with the band’s usual perspective on things. Back in late August, eyebrows furled when news broke that Spencer Elden, the now 30-year-old man who was photographed as a baby in an image that would be made iconic when it became the album cover for Nevermind, the groundbreaking 1991 album from Nirvana, filed a lawsuit against the band and its team, alleging “child pornography.”
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