The US federal court has definitively rejected the lawsuit of Spencer Elden, who claimed that his photo as a naked infant on the cover of Nirvana constitutes “child pornography”. The judge ruled that the image did not involve “sexually provocative conduct” and likened it to family photography.

Elden’s lawsuit was based on the claim that the image constituted “commercial sexual exploitation of a minor,” noting that his name and identity were “forever associated” with the cover that circulated worldwide. The first lawsuit was filed in 2021, but was dismissed in 2022, as the ten-year limit for such cases had passed. After an appeals court ruling, Elden was allowed to refile the case.

In the latest verdict, federal judge Fernando Olguin again dismissed the lawsuit, ruling that “neither the attitude, nor the context, nor the content of the image” suggested a sexually provocative act. The judge also pointed out that Elden’s parents were present at the photo shoot, the photographer was a friend of the family, and the plaintiff himself had in the past“embraced” the publicity that the cover photo brought him, reaping financial benefits.

“We are pleased that the court has put an end to an unfounded case and relieved our creative clients of the stigma of false accusations,” Nirvana’s lawyer said.

For his part, Elden’s attorney James R. Marsh told Rolling Stone that he “respectfully disagreed” with the ruling and announced a new appeal. “As long as the entertainment industry puts profits over privacy, consent and the dignity of childhood, we will continue our fight for awareness and accountability,” he said.