មិននឹកស្មានដល់៖ ចៅក្រមច្រានចោលបណ្តឹង 'អាសអាភាសកុមារ' ដ៏ចម្លែកប្រឆាំងនឹងនិរោធ

Last year, Spencer Elden, now 30, who was the naked baby on ព្រះនិព្វាន’s 1991 ‘មិនដែលខាន’ album cover, filed a ‘child pornography’ lawsuit accusing the band of sexual exploitation and arguing that the cover art constituted child sexual abuse.

The band had dismissed the claim as “not serious” from day one.

កាលពីម្សិលមិញ កាលីហ្វញ៉ា Central District Court judge, Fernando M. Olguin, has rejected a lawsuit, after Elden’s legal team failed to meet a court deadline.

In his legal filing, hMr. Elden argued he’d suffered loss of wages and “enjoyment of life” due to the use of the photograph, saying it had caused him “extreme and permanent emotional distress.”

The band responded to the allegations last month by filing a request in court to dismiss the lawsuit, arguing that Elden’s allegations lacked merit.

“Elden’s claim that the photograph on the ‘មិនដែលខាន’ album cover is ‘child pornography’ is, on its face, not serious,” Nirvana’s lawyers said, alleging that he had previously appeared to enjoy being known as the “ព្រះនិព្វាន baby.”

Urging the court to dismiss the claim, Nirvana’s legal representatives stated that, if proven true, it would mean anyone owning the record is “guilty of felony possession of child pornography.”

Also, the band further stated that Elden’s case failed to stand up in court because the statute of limitations on his claim expired in 2011, preventing him from being eligible to sue.

Elden’s lawyers at Marsh Law refuted the band’s defense by stating “child pornography is a forever crime,” adding that any money earned from the image “creates longstanding liability” and “breeds lifelong trauma.”

As Elden’s team failed to meet the December 30 deadline to respond to ព្រះនិព្វាន’s request for dismissal, Judge Olguin rejected the lawsuit.

Elden’s team has until January 13 to refile the case.