Elden now has until Jan. 13 to file a second amended complaint; if he doesn’t do so on time, his complaint will be dismissed without prejudice, meaning he will be able to re-file charges in the future.
“In accordance with the court’s order, we will be filing a Second Amended Complaint very soon,” Elden’s attorney tells PEOPLE in a statement. “We are confident that Spencer will be allowed to move forward with his case.”
Attorneys for the defendants did not immediately respond to PEOPLE’s request for comment.
Elden, now 30, first filed suit againstDave Grohland Krist Novoselic, the band’s surviving members,Kurt Cobain’s estate and Kirk Weddle, the image’s photographer, in August, alleging child sexual exploitation.
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“Defendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews,” the complaint read.
“Elden’s claim that the photograph on theNevermindalbum cover is ‘child pornography’ is, on its face, not serious,” the motion read. “A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear.”
Nirvana.Kevin Mazur Archive/WireImage
He also has a tattoo of “Nevermind” across his chest, though he toldTimein 2016 that he had mixed feelings on his participation.
Elden also expressed frustration about never meeting any members of the band or receiving compensation forNevermind, which has sold over 30 million copies worldwide.
source: people.com
