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Nirvana’s Lawyers Call ‘Nevermind’ Baby’s Lawsuit Meritless

Rolling Stone Magazine

Rolling Stone

Nirvana’s legal team has finally responded to the lawsuit filed by the Nevermind baby this past summer, writing in a response filed Wednesday that Spencer Elden’s child pornography claims are both meritless and well past the statute of limitations.

Elden’s lawyers at Marsh Law told Rolling Stone Thursday in a statement, “In 1991, Nirvana exploited Spencer’s inability to consent as an infant, and today, the band and Universal Music Group (UMG) continue to prioritize profits over our client Spencer Elden’s right to consent, to have privacy, and to feel dignity. Nirvana and UMG’s motion to dismiss focuses on their past conduct and ignores their ongoing distribution, especially with the 30-year Nevermind anniversary and profit margins. We cannot continue to ignore is that the image of Elden, at four months old, is actively distributed and constitutes the legal definition of child pornography according to the Dost factors. Child pornography is a ‘forever crime’ – any distribution of or profits earned from any sexually explicit image of a child not only creates longstanding liability but it also breeds lifelong trauma. This is common for all of our clients who are victims of actively traded child pornography, regardless of how long ago the image was created.”

However, Elden’s lawyers told Rolling Stone in a statement, “Masha’s Law or 18 USC 2255 makes it clear that the statute of limitations restarts claims each time UMG reproduces, distributes, or possesses Spencer’s Nirvana cover image. Similarly, the statute of limitations on the 18 USC 1595 claims restart each time any defendant receives any ‘thing of value’ for the image. For the argument on the statute of limitations to hold water, Nirvana and UMG would have had to cease distribution of, and forfeit profits from, the image in August of 2011. They are welcomed to do so today forward.”

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