Overview

• U.S. District Judge Fernando M. Olguin ruled on September 30 that the 1991 album cover does not depict sexually explicit conduct under federal standards.
• The court compared the photo to a family snapshot of a bathing child and emphasized that nudity alone is insufficient without lascivious context.
• Elden’s past conduct, including selling autographed memorabilia, public promotion as the “Nirvana baby,” and recreating the image, undercut his claim of serious damages.
• The case was first dismissed in 2022 on statute‑of‑limitations grounds, then revived by the Ninth Circuit in 2023 on a republication theory before returning to district court.
• Defendants included the band, photographer Kirk Weddle, and associated labels, and Elden retains the option to appeal the new dismissal.