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in August 2021 for child exploitation and pornography, saying the band knowingly distributed a naked photo of him as a baby on the 1991 album cover and profited from it. Elden was just 4 months old when he was photographed for the cover. Now 30, he was seeking $150,000 in damages.

The defendants in the case — which included former band members, as well as Kurt Cobain's estate, photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music — filed a motion to dismiss the case last month.

Elden had until Dec. 30 to respond to the motion, but his legal team missed the deadline and so the case was dismissed.

Judge Fernando M. Olguin of the Central District Court in California said Elden and his legal team have until Jan. 13 to re-up the case. If the defendants file another motion to dismiss, both sides will meet on Jan. 20.

"In accordance with the court's order we will be filing a Second Amended Complaint very soon. We are confident that Spencer will be allowed to move forward with the case," Marsh Law, the firm that represents Elden, said in a statement.

In their motion to dismiss the lawsuit, the defendants say Elden profited from being on the album cover as a baby and has benefited from it as an adult.

"Elden has spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby.' He has re-enacted the photograph in exchange for a fee, many times; he has had the album title Nevermind 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," the defendants say.

In November, Elden's legal team released a statement in response to the album's 30th anniversary, when the cover was rereleased.

"It's past time to finally put an end to the child exploitation and violation of privacy our client has endured for his entire life," they wrote.


A version of this story originally appeared in the Morning Edition live blog

  • SoCo Calendar
  • Talk To Me
  • Birdwatch
  • Stickers!
  • KRCB-Me
  • Living Downstream
  • Postcards
 
Be on KRCB 104.9...answer this month's "Talk to Me" question: With fire season upon us, are you having second thoughts about Sonoma County?
 
You can do a recording right from your computer or smartphone, but please use an external microphone (ear buds are good enough). Don't worry, you can try as many times you like until you get a "good take." We won’t hear any of the bad ones. After you finish, the page will give you a chance to listen and decide if you like it. Once you get a good one, you'll be asked for your name and email address. Then hit "Send.” (Click "reset" if you would rather try again.)
 
Go to the recorder page

Listen to the Sonoma County Birdwatch!

fullerThroughout the week, we play short segments about what birds are out in Sonoma County and what they sound like, from Harry Fuller. Here's what we've aired so far. Harry spent his working career as a TV and Internet newsman in the Bay Area.  He’s been leading bird trips and writing about birds for thirty years.  He has written three natural history books: Freeway Birding, I-5 San Francisco to Seattle; San Francisco’s Natural History, Sand Dunes to Streetcars; Great Gray Owl in California, Oregon & Washington. He blogs regularly about birds: atowhee.blog.  And he frequently leads birding trips on the Pacific Coast. Check him out at http://www.towhee.net/.

window stickerGet Your Free KRCB 104.9 Window Sticker
 
Get yours today at these friends of KRCB:
 
-Stanroy Music, Santa Rosa
-The Next Record Store, Santa Rosa
-All 10 SoCo Mary's Pizzas
-Acre Coffee (SR, Petaluma, Sebastopol)
-Wolf House Brewing, Cloverdale
 
They might look like bumper stickers, but they're meant to stick to the inside surface of glass.

We've got a new thing: text KRCB to (707) 606-0911. Or just add your cell number below. We'll text you back when we have something special on the radio--so you can listen live or with a link to listen later. No spam! Not more than once a week or so. Try KRCB-Me.

8ff1 Asset 6 p 500Our podcast "Living Downstream" has been named by the Global Center for Climate Justice as one of "Five Climate Justice Podcasts You Need to Follow." Wow: https://bit.ly/2Xkbs0D

Listen to some recent episodes! Generations in Houston's Fifth Ward Contend with Contamination, Cancer Clusters will break your heart, and perhaps solidify your resolve to make change. The Sea Next Door is told in true partnership with the community living near California's Salton Sea, an environmental powder keg, where the state has no idea how to avoid a coming health disaster.

Get them here, or wherever you get your podcasts.

 

 

 
Postcards from Sonoma County...
        ... What people are talking about, direct from the locals.
 
Each week, our correspondents from all over Sonoma County check in with a weekly "postcard" of what people are talking about in their area. Not always "news," but still worthy of a mention. It's our way to give voice to communities that may not make it into the standard news cycle.
 
We play these in a random rotation throughout the week. Generally, each postcard airs from Sunday morning at midnight thru Saturday at 11:59:59 pm.
 
We archive all our postcards here. Have a listen!
 

 Week of Sunday, January 9th, 2022:
 
Greetings from Healdsburg
 
 
Greetings from the Lower Russian River
 
 
Greetings from Petaluma
 
 
Greetings from Rohnert Park
 
 
Greetings from Sebastopol
 
 
Greetings from Windsor
 
 
 
 

 
Week of Sunday, January 2nd, 2022:
 
Greetings from the Lower Russian River
 
 
Greetings from Petaluma
 
 
Greetings from Rohnert Park
 
 
Greetings from Windsor
 
 
 

 
 
 
 
 
 
 
 
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