Spencer Elden, who was photographed for the rock band's famous cover of Nevermind.
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He was photographed for the rock band's famous cover at the age of four months.
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In the photo Elden swims naked toward a dollar bill pierced with a fish hook.
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The artwork is widely considered as one of the greatest album covers of all time.
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The lawsuit stemmed from Nirvana's use of a photo taken by Weddle in 1991.
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He claimed his depiction as a naked four-month-old baby on their album cover was child pornography.
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The case's defendants Dave Grohl, Krist Novoselic, Courtney Love and photographer Kirk Weddle.
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The judge rejected that argument, saying it would effectively permit Elden to sue Nirvana indefinitely.
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Elden had filed three versions of his complaint, and Olguin's dismissal prevents him from fourth.
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