Nirvana defeats ‘Nevermind’ cover child pornography lawsuit, again

(Reuters) — A federal judge again threw out a lawsuit by a man who accused iconic grunge rock band Nirvana of distributing child pornography by using a photograph of him as a naked, swimming baby on the cover of its breakthrough 1991 album “Nevermind.”

U.S. District Judge Fernando Olguin tossed out the lawsuit filed by plaintiff Spencer Elden for a second time after finding that no reasonable jury would consider the picture pornographic.

“Other than the fact that plaintiff was nude on the album cover,” nothing “comes close to bringing the image within the ambit of the child pornography statute,” Olguin said.

Attorneys for Elden did not immediately respond to a request for comment on Wednesday. Nirvana’s attorney Bert De

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