The case of "Nirvana's baby": the judge refused to accept a decision on the question of pornographic exploitation Israel today

The affair that rocked the music world appears to have come to an end when a Los Angeles court on Friday dismissed a lawsuit filed by the person pictured as a baby on the cover of Nirvana's famous 1991 album Nevermind. 

As a reminder, the man who is photographed underwater in the pool while naked, is Spencer Alden, who filed a lawsuit for pornographic exploitation.

Judge Fernando Olguin from the Federal District Court in the city ruled on Friday that he decided to dismiss the lawsuit without deciding whether he was right in his claim, as the statute of limitations applies to the case.

According to the judge, Alden waited too long before turning to the courts, more than 10 years after it was revealed that the photo was being used commercially by the band. 

The lawsuit was against the members of the band, as well as the widow of the lead singer Kurt Cobain who ended his life in 1994, and also against various record companies and the photographer of the photo, Kirk Waddell.

The photo was taken by Waddell at an aquatic complex in California and shows the then-baby, Alden, moving in the direction of "bait" in the form of a dollar bill. 

In 2013 Alden, then 12 years old, said, "I'll probably make money from this" and even created a reproduction of the image, but in 2021 he filed the lawsuit saying that the statute of limitations did not apply in this case because of the mental damage he suffered and allegedly still continues. 

Released September 24, 1991. #Nevermind30 pic.twitter.com/4X7JiAh6gm

— Nirvana (@Nirvana) September 24, 2021

But the judge, as mentioned, thought otherwise and canceled the lawsuit on the technical grounds of the statute of limitations, since according to him, not considering the statute of limitations would allow him to sue the band over and over again without any limitation, which is not reasonable.

It also stated that the plaintiff "failed to prove that he was aware of the alleged exploitation when he was a minor or that he has sustained damage in the period since he filed the lawsuit." 

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