“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity,” and more, continues the firmly worded action, in which the plaintiff is demanding “all profits and unjust enrichment” from the 30-year-old album at hand.īearing these points in mind, Fredrickson notes off the bat that he bought a copy of Nevermind “in the early 2000s while in high school, and still owns it today.” He then “ripped” the CD’s tracks into MP3 files using Windows Media Player, the text proceeds, “which automatically downloaded” the album’s cover art and “digitally embedded it in each of the MP3 files as an ID3 tag.”Īs a result, “Fredrickson possesses but does not want to possess, multiple copies of the Elden image,” the convoluted document continues, and has subsequently seen the photo while listening to Nevermind on the iPod, Spotify, and YouTube. In the lawsuit’s original filing, Spencer Elden said that the above-mentioned defendants – as well as Universal Music, the involved photog, Geffen Records, and Courtney Love, to name some – had “knowingly produced, possessed, and advertised commercial child pornography” with the album cover that he had posed for as a baby, “and they knowingly received value in exchange for doing so.” Now, the unexpected complaint has taken a strange twist with the entry of an alleged “intervenor defendant” who purportedly possesses physical and digital editions of Nevermind – and, in turn, the cover photo at the center of the case. In late August, one Spencer Elden, the individual who appeared on the cover of Nirvana’s Nevermind (1991) as a baby, filed a shocking child pornography lawsuit against the surviving members of the band.
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