A federal court has ruled in favor of the members of Nirvana in a case brought by Spencer Elden, the now grown man who was the naked baby that appeared on the band's iconic 1991 album cover for Nevermind .
Per Billboard , federal judge Fernando M. Olguin dismissed Elden's lawsuit on Tuesday (Sept. 30), sharing in his ruling that it was "not child pornography" and stating that the famous image did not come close to meeting the definition of the term under federal law.
“Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct,” Judge Fernando M. Olguin wrote in his ruling. "This image – an image that is most analogous to a family photo of a nude child bathing – is plainly insufficient to support a finding of [child porno