A federal judge in California dismissed a lawsuit late last week that alleged the photo of the naked baby that graced the cover of Nirvana's album "Nevermind" constituted child pornography.
Spencer Elden accuses the band of profiting from "the lascivious nature of his image" in the photo taken when he was a baby. Now 31, he is appealing the judge's dismissal.
The child exploitation lawsuit against Dave Grohl and his bandmates has been kicked out for the third time by a judge who also bans any attempt to file a revised version.