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The man who was shot as a baby on the cover of Nirvana Nevermind’s classic album failed in his attempts to sue the group for the distribution of child pornography.
Four -month -old Spencer Eldon was in the photo floating goal under water on the famous LP cover of 1991.
He is suing the rock band and photographer Kirk Wednesday, but a judge ruled that “neither posture, focal point, tuning, nor overall context suggest that the cover of the album has sexually explicit behavior.”
Nirvana’s lawyer said: “We are glad that the court has terminated this ruthless case and released our creative clients from the stigma of false claims.”
Initially, Eldon filed a case in 2021, arguing that his identity and name were “forever tied to commercial sexual exploitation, which he survived as a minor who was distributed and sold worldwide.”
US District Judge Fernando Olgin rejected it in 2022 because Mr Eldon presented it after the 10-year civil case.
The Court of Appeal overturned this decision by allowing G -n Eldon to recharge the case.
However, Judge Olgin ruled that beyond the fact that G -n -Eldon was naked, nothing happened “near the image within the mouth of the Statute of Children’s Pornography.”
He likened the image of a family photo of a child bathe and said it was “clearly insufficient to support a finding” of childhood pornography.
“Nudity must be combined with other circumstances that make visual depicting lazy or sexually provocative,” Judge Olgin wrote, quoting a more ruling.
The judge also cites factors, including the presence of G -n Eldon’s parents in the photo shoot, the fact that the photographer is a friend, and the fact that he has previously “hugged and financially benefits from his involvement in the cover of the album.”
G -n Eldon’s legal team told Rolling Stone They “respectlessly disagree” with the decision and plan to appeal.
“While the entertainment industry gives priority to privacy, consent and dignity in childhood, we will continue our pursuit of awareness and accountability,” said James P Marsh of the Marsh Law Firm.
