'Quite simply, under the statute and the caselaw the ongoing distribution of Spencer's child pornography on the Nevermind album cover repeatedly violates the baby depicted on the cover even though he is now all grown up,' the statement said. Its statute of limitations expires after the victim turns 28.

Masha's Law is a 2005 federal law that gives victims of child pornography the right to sue parties who produce, distribute, or possess such images and materials. 'This unprecedented interpretation of Masha's Law contravenes over fifteen years of well-settled precedent and the legislature's intended purpose of the law,' Marsh Law Firm attorneys said in a statement. 'They will embrace their accuser for some time'Īttorneys for Elden said the judge's ruling was made based on 'a misunderstanding of the statute of limitations.' 'We are confident that Spencer will be allowed to move forward with his case,' said Elden's lawyer Robert Lewis.'He has reenacted the photograph in exchange for a fee, many times he has had the album title 'Nevermind' tattooed across his chest he has appeared on a talk show wearing a self parodying, nude-colored onesie he has autographed copies of the album cover for sale on eBay and he has used the connection to try to pick up women,' they said. The judge has dismissed the case, giving Elden's team until January 13 to refile with relevant changes.Įlden's lawyers said after the ruling that they're not giving up.

They also argued that it was too late for Elden to sue the band since the statute of limitations on his claims expired back in 2011.Įlden's team had until December 30 to respond to the motions but missed their deadline.

The lawyers represent the surviving members of the band, Dave Grohl and Krist Novoselic Kurt Cobain's widow, Courtney Love and the photographer of the image, Kirk Weddle. 'He has reenacted the photograph in exchange for a fee, many times he has had the album title 'Nevermind' tattooed across his chest he has appeared on a talk show wearing a self parodying, nude-colored onesie he has autographed copies of the album cover for sale on eBay and he has used the connection to try to pick up women,' Nirvana's lawyers argued in court documents, according to The Associated Press.

Boy from nirvana nevermind cover