A lawsuit against legendary grunge-rock band Nirvana has been tossed after a judge rejected a man’s claim that the cover of its first album was equivalent to child sexual abuse.

This is the second time a lawsuit filed by Spencer Elden has been rejected. Elden was photographed as a baby swimming nude underwater toward a dollar bill on a fish hook for the cover of Nirvana’s groundbreaking 1991 album “Nevermind.”

“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,” U.S. District Judge Fernando Olguin said in his ruling, according to The Guardian .

“Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct,” Olguin’s ruli

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