The man who was photographed as a baby on the cover of Nirvana's classic album Nevermind has failed in his attempts to sue the band for distributing child pornography. US District Judge Fernando Olguin dismissed it in 2022 because Mr Elden submitted it after the 10-year limit for filing a civil case. An appeals court overturned that decision, allowing Mr Elden to refile the case. However, Judge Olguin has now ruled that, beyond the fact Mr Elden was naked, nothing came "close to bringing the image within the ambit of the child pornography statute". "Nudity must be coupled with other circumstances that make the visual depiction lascivious or sexually provocative," Judge Olguin wrote, quoting from an earlier ruling.