“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. The lawsuit stemmed from Nirvana’s use of a photo taken by Weddle at the Pasadena Aquatic Center in California that depicted Elden swimming naked toward a dollar bill on a fishhook. Olguin dismissed the case in 2022 after finding Elden’s claims were time-barred without addressing the substance of his allegations. Olguin determined on Tuesday that the image could not be considered child pornography, comparing it instead to a “family photo of a nude child bathing.”(Reporting by Blake Brittain in Washington; Editing by David Bario and Sergio Non)