LOS ANGELES.- A federal appeals court reopened the demand by sexual exploitation children’s book presented by the man who appeared as a naked baby on the cover of the disco of Nirvana Nevermind launched in 1991.
Spencer Elden’s lawsuit against the rock band claims that he has suffered ‘permanent damage’ while the band and others profited from the image of him, as a baby, swimming underwater in a pool with a dollar bill hanging from him. a hook
The lawsuit says the image violates federal laws against child sexual abuse materials, although criminal charges were never filed.
A federal judge in California dismissed the lawsuit last year, but allowed Elden to file an amended version, which the judge later threw out because the 10-year statute of limitations had expired for one of the laws used as a legal basis.
Resumption of the case
Thursday’s decision by a three-judge panel in the Ninth Circuit Court in California overturned that decision and sent the case back to the lower court.
The appeals court found that each publication of the image could constitute new personal injury with a new term, and cited the display of the image on a special version of the album released for its 30th anniversary in 2021.
“The issue of whether the album cover Nevermind “meets the definition of child pornography is not relevant to this appeal,” the court wrote, according to the New York Times.
In an email to The Associated Press, Nirvana’s lawyer, Bert Deixler, called the decision “a technical setback.” “We will defend this case vigorously and anticipate winning,” he wrote.
The Associated Press usually does not identify people who say they have been victims of sexual abuse unless they publicly identify themselves, as Elden has done.
FUENTE: AP
