This was just blatant opportunism. So kicking it out was the right thing to do. What also needs to happen is this jerk should be made to pay the costs.
A judge in California has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of their album Nevermind.
Elden sued the band last year, alleging sexual exploitation, and that the artwork constituted child sexual abuse.
Now 30, he said the infamous image had caused him “extreme and permanent emotional distress” as well as loss of wages and “enjoyment of life”.
Nirvana filed to dismiss last month, saying Elden’s arguments lacked merit.
Lacked merit is putting it politely.
“He has re-enacted the photograph in exchange for a fee, many times; he has had the album title… 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.”
Quite. He went for what he thought was a quick buck and it hasn’t worked, thereby reminding us that common sense hasn’t quite died.
I’m glad that this case has been kicked out. It was a case that merited the description of ‘vexatious’. This is a shifty chancer with a lawyer and nothing more.
I hope the costs will concentrate his mind.
Wouldn’t surprise me if the costs end up bankrupting him, unless he’s got some sort of legal services insurance. He might have to go back to exploiting himself and his fame for being on the Nirvana cover.