Nirvana has won a controversial lawsuit brought on by Spencer Elden, who was seen naked on the cover of the 1991 album “Nevermind” as a baby and later argued that the photo was child pornography

Nirvana has won a controversial lawsuit brought on by Spencer Elden, who was seen naked on the cover of the 1991 album “Nevermind” as a baby and later argued that the photo was child pornography.

In Los Angeles on Friday, U.S. District Judge Fernando Olguin ruled that Elden waited too long to file the suit and referred to it being a 10-year statute of limitations, according to Rolling Stone.

“In short, because it is undisputed that [Elden] did not file his complaint within ten years … the court concludes that his claim is untimely,” Olguin wrote in his ruling.