"This understandably causes him extreme ongoing psychic or emotional injury for which he is entitled to damages and an injunction.
" is aware that Appellees are commercially exploiting the frontal nude image of him as a four–month–old child to sell a album to millions of people (many of whom he does not know) around the world," reads a portion of the appeal. Elden's appeal states that a statute of limitations does not apply because his "suffering is ongoing" and cites Masha's Law, which allows child pornography victims to seek damages well into their adulthood.
According to a report by Spin, Elden has filed an appeal with California's Ninth Circuit Court of Appeals claiming that Olguin's ruling was made in error.
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