https://safirsoft.com Judge dismisses Nevermind child child pornography complaint against Nirvana

Alden could file a lawsuit, but a 10-year ban could overturn his case. The plaintiff, Spencer Alden, will have another opportunity to file an amended complaint.

In August 2021, Alden filed a lawsuit alleging that a photograph of a nude child in a swimming pool violated child pornography criminal cases and demanded compensation of at least $150,000 from each defendant. Defendants include Nirvana, Universal Band, Warner Bros. Records, Courtney Love in their portfolio such as Kurt Cobain, Krist Novoselic, Dave Grohl, and others.

“[T]Court Judge Fernando Olguin was sentenced yesterday in a US District Court in Central California.” The defendant claims that the plaintiff’s allegations are outdated under USC 2255 18 and USC 1595 § 18. Agreed to Any modification(s) will fix the alleged defects.”

Alden's attorney said he intends to file another amended complaint.” Pursuant to the court order, we will be sending a second amended complaint shortly.” We are confident he will allow Spencer to pursue his case. Attempt to "give the opportunity to file an amended complaint" to seek compensation, in so far as it is believed to be justified under the circumstances. The 10-year-old's first amended complaint charged

Nirvana and other defendants with "commercial sexual exploitation of a child". while he was still a child. "

"The defendants used child pornography, which Spencer used as a key element of a song promotion project commonly used in the music industry to gain attention. , used, and has album covers put up by children. The complaint claims it was a sexually tempting way to gain fame, increase sales, and attract media attention and criticism. Announcement

Defendants filed a biased motion to dismiss the case on December 22, arguing that the main allegations in the lawsuit were under “federal law, which permits victims of certain federal child pornography offenses to date. Chapter Claim for Compensation for Civil Loss (USC 18 2255 18 18) and “Federal Law Allowing Victims of Specific Trafficking Offenses to File a complaint for Civil Loss (USC 18 1595 18 18).” Section 2255 has a 10-year limitation on “where the plaintiff reasonably discovers after” the violation or 'damage' which 'constitutes the basis of the claim,' while 'the 1595 claim for failure' the defendants wrote that the alleged conduct was prior to the enactment of the law.

Section 2255 also allows for claims that are 'up to 10 years after the date of The victim is 18” but that date has expired. For Elden in February 2019. Section 1595 Similar complaints 10 years after the cause of the dispute arose; “or 10 years after the victim reached the age of 18, if the victim was a minor at the time the alleged offense was committed.” Nirvana et al.. Alden spent three decades building on his “Nirvana Babe” reputation j". He did this photo several times for a fee; He has the nickname "Never Mind" tattooed on his chest; She appeared on a talk show dressed nude and spontaneously. signed copies of the album art for sale on eBay; He took advantage of this link to get women.

"Alden's claim that there is a photo on the cover of the 'Nevermind' album. The move continued: 'Child pornography' is not dangerous to appear." This illustrates an examination of the photo, or Alden's personal behavior (not to mention the presence of the photo in the homes of millions of Americans who, according to Alden's theory, are guilty of child pornography). “

“One cannot seriously believe that Renoir’s painting of a nude woman or a family shot of a nude child in a bathtub would violate child pornography laws.” sexually in order to be within the standards of the law [child pornography].”



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