As you know, the cover of Nirvana's 1991 album Nevermind has a naked baby swimming on the cover. that baby is Spencer Elden (well, he's not a baby, now… he's about 34). About four years ago, Elden sued Nirvana under a number of causes-of -action, including a civil cause of action (as opposed to a criminal complaint) claiming that the image constituted child pornography, thereby damaging Elden. Three years ago, judge Judge Fernando M. Olguin ruled that the claims missed the statute of limitations and dismissed the case. So, the issue of whether the cover actually constituted child pornography was never addressed.

However, an appeals court overturned that decision and remanded the case back to Olguin. Late last month, Olguin dismissed the case again. This time he did address the substantive issue of the cover. Olguin found that "Neither the pose, nor the focal point, nor the setting, nor the overall context suggest that the album cover depicts sexually explicit conduct." He added that nothing "even remotely caused the image to fall under child pornography law", and compared the photo to a family picture showing a child taking a bath. Therefore, the matter was dismissed again.

Elden's attorneys have stated that they plan to file an appeal.