
Even as a child, Spencer expressed that this was uncomfortable, and he doesn’t like the way that this puts him in a place where he really can’t (protest) that it’s an invasion of his own privacy, because people come to defend the band, as opposed to protect Spencer. That being said, these are not new feelings. I think when something like this happens, the only person who can understand what it’s like to be in Spencer’s shoes is Spencer. But he has always expressed mixed feelings. He has been asked to participate in press interviews surrounding the anniversary throughout his life, and tried to make the best of a very unfortunate situation he was literally thrown into at four months old.

And each and every time there is an anniversary, that reminder comes to him in a way that is very invasive. Spencer actually has the opportunity to sue (even) now because the image is continually being distributed. So why did it take 30 years for him to decide what you’re now contending? Yet he hasn’t rebuffed the attention, and has a “Nevermind” tattoo. He finally used the words “pissed off” in an interview five years ago. And he seemed to be participating in the celebration of anniversaries of the album, but did make increasingly ambivalent statements over the years about how he felt about being an unwitting participant in the phenomenon. People have of course combed over the interviews and photo shoots he’s done over the years, where he would seem to gladly recreate the pose in swimming pools, as a grown person. … We consider it to be a historic reckoning because we know the defendants are very famous, so we do understand and comprehended that it would come with attention - the level of which was unpredicted. Spencer was not looking forward to any media attention, and we’ve tried to keep him out of the media as best we can. And so our goal is really to have justice served by Spencer and not to get this put in the media.

It was our intention to get the image redacted. Frankly, we did not expect it to be this much of a spectacle.

But we did not expect this level of attention whatsoever. MABIE: We knew that the case would get some attention because of the defendants. VARIETY: Were you expecting this story to be as explosive as it was in the music world? Give how much people love or are just interested in Nirvana, you probably knew this would be a very big deal. Much of the public is expressing its cynicism about the lawsuit, but Maggie Mabie, an attorney handling the case who spoke with Variety on Wednesday, firmly believes in this case as part of their mission. (Reps for the defendants have so far not commented.) In case there’s any question over why the suit hits the child abuse angle so hard, as opposed to basic IP or rights issues, it should be noted that the New York-based Marsh Law Firm specializes in child sexual exploitation. In the wake of the news of the lawsuit filed Tuesday in California’s federal court, Elden’s legal team is explaining the rationale behind the brief.
