A lawyer for Nirvana has officially responded to the lawsuit regarding the artwork featured on the band’s 1991 album Nevermind. A motion to dismiss was filed yesterday, Dec. 22, in a California federal courthouse. The lawyer argued that plaintiff Spencer Elden’s claims are “barred by the applicable statute of limitations.” He continued to write, “Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious.”

Elden filed the lawsuit on Aug. 24 and accused Nirvana (Dave Grohl and Krist Novoselic), photographer Kirk Weddle, the labels that released the album, Courtney Love and the estate of Kurt Cobain of violating federal pornography laws and accused them of exploration.

“The period runs from the time the plaintiff reasonably discovers the later of either the ‘violation’ or the ‘injury’ that ‘forms the basis of the claim,’” wrote the defendants’ lawyer. He continued to make the case that the (10-year) statute of limitation expired and it’s clear Elden was aware of the album cover and photograph before August 2011.

The filing reads: [T]he Nevermind cover photograph was taken in 1991. It was world-famous by no later than 1992. Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. He has been fully aware of the facts of both the supposed “violation” and “injury” for decades.

Elden has repeatedly participated in campaigns re-creating the cover image and has the album title tattooed across his chest. Though, in recent years Elden has spoken out about the distress the photograph has made him experience.