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Dave Grohl's brutal response when the Nirvana baby lawsuit was filed is a true classic

Dave Grohl's brutal response when the Nirvana baby lawsuit was filed is a true classic

He did not hold back.

Nirvana drummer Dave Grohl once had a brutal comeback after the bloke who appeared on the Nervermind album cover as a baby tried to sue the band for child pornography.

The album cover shot, featuring a naked baby swimming towards a dollar bill on a fishing line, has gone down in history since its 1991 release.

The baby on the cover, Spencer Elden, now 32, was dunked into the Pasadena Aquatic Center in California by his father, who was paid $200 for the snap.

He has since claimed neither he nor his guardians consented to the picture being used for the album cover.

The 1991 album cover.
Pictorial Press Ltd/Alamy

He also claimed the image constitutes child pornography, since it's a naked pic of a baby.

However, last year Elden lost his lawsuit against the band.

This was largely because the statue of limitations on the case had run out.

In court documents obtained by Billboard, the judge wrote: “Because it is undisputed that plaintiff did not file his complaint within ten years after he discovered a violation that could form the basis for his [child pornography] claim, the court concludes that his claim is untimely.”

The decision reflects statements made by lawyers representing Dave Grohl, Krist Novoselic, Weddle, UMG Recordings and Courtney Love, as executor of Cobain’s estate, after they filed a motion to dismiss the case in December 2021.

Nirvana won their case against Nevermind baby Spencer Elder.
Jeff Kravitz/FilmMagic, Inc via Gettyy

Elden had previously claimed the 1991 artwork led him to experience 'extreme and permanent emotional distress' and had 'interfered with his normal development and educational progress'.

But speaking to The Guardian back in 2015, Elden said: "It’s always been a positive thing and opened doors for me."

And then, a year later, speaking GQ Australia, he revealed that he’d grown to become 'p***ed off' with the cover, describing the use of his image as 'f***ed up'.

And soon after, all eyes were on former Nirvana drummer Dave Grohl for his response.

Spencer Elden was just four-months old when he was photographed for the cover.
John Chapple/Splash News

Speaking to Vulture, the 54-year-old said: "I don’t know that I can speak on it because I haven’t spent too much time thinking about it.

"I feel the same way most people do in that I have to disagree. That’s all I’ll say."

And referencing the fact Elden had since recreated the front cover a number of times over the years, the rock legend added: "Listen, he’s got a Nevermind tattoo. I don’t."


Featured Image Credit: Jim Dyson / Contributor/John Chapple/Splash News

Topics: Dave Grohl, Music, Entertainment