Nirvana has once again emerged victorious in a long-running legal battle over the cover of their landmark 1991 album Nevermind. Earlier this week, U.S. District Judge Fernando M. Olguin dismissed a lawsuit brought by Spencer Elden, the man who, as a baby, was photographed naked underwater for the now-iconic album artwork.

Elden, now in his early 30s, has argued for several years that the image constituted child pornography and that he suffered long-term emotional and financial harm from its use. But Judge Olguin’s ruling firmly rejected those claims, determining that the cover does not meet the legal standards required to be considered sexually exploitative.

In his decision, Olguin compared the Nevermind cover to an ordinary family snapshot, writing that the photograph of Elden swimming toward a dollar bill on a fishing hook was “plainly insufficient to support a finding of lasciviousness.” He stressed that the context, composition, and intent of the image must be taken into account, and in this case, “neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.”

The judge’s analysis relied heavily on the Dost test, a six-factor framework courts use when evaluating whether a depiction of a minor qualifies as child pornography. These factors consider whether the photo highlights the genital area, whether the subject is posed in a sexually suggestive way, whether the attire is inappropriate, and whether the image is intended to elicit a sexual response from viewers. By Olguin’s reading, only nudity was present, and none of the other criteria applied.

Elden first filed suit in 2021, three decades after the album’s release. Initially, Olguin dismissed the case in 2022, citing the statute of limitations, but an appeals court later revived it in late 2023, sending it back for further consideration. This time, Olguin addressed the substance of Elden’s child pornography argument head-on, ultimately finding it meritless.

The court also considered Elden’s past relationship to the album cover. Judge Olguin noted that Elden had, at various times, openly embraced his unusual place in pop culture history. He had been paid to recreate the photo as an adult, autographed posters and memorabilia, publicly referred to himself as the “Nirvana baby,” and even tattooed the word Nevermind across his chest. He once sent photographer Kirk Weddle - a family friend who shot the image, a postcard thanking him, illustrated with a sketch of the cover. “These actions are difficult to square with his contentions that the album cover constitutes child pornography and that he sustained serious damages as a result,” Olguin wrote.

Nirvana’s legal team welcomed the ruling. Attorney Bert Deixler, who represents surviving band members and the photographer’s estate, said in a statement to Rolling Stone, “We are delighted the Court has ended this meritless case and freed our creative clients of the stigma of false allegations.” Elden’s lawyers, however, vowed to continue the fight. James R. Marsh, representing Elden, issued a statement expressing disappointment with the decision and pledging to appeal. “As long as the entertainment industry prioritizes profits over childhood privacy, consent, and dignity, we will continue our pursuit for awareness and accountability,” he said.

The dispute has drawn wide attention because Nevermind is not only one of the best-selling rock albums of all time with more than 30 million copies sold worldwide but also one of the most recognizable album covers in music history. For many fans, the image is emblematic of the grunge era and Nirvana’s legacy.