I think it's a reference to this.
https://blabbermouth.net/news/baby-on-nirvanas-nevermind-cover-sues-band-for-child-pornography/
The implications of this are pretty broad. Is ANY depiction of the genitalia of a child de facto "child porn"? This is arguably not obscenity, but still.
And while I'm sensitive to a point, it's hard not to look at this as a cash grab. I mean, if you saw this guy at a baseball game are you REALLY saying "huh, I saw his penis!"? He should probably sue mom and dad for underselling his unit when they had the chance.
Absolutely not. Lewd and lascivious are the relevant qualifiers. In fact, pictures of clothed children can constitute CP while most depictions of nudity will not.
That idiot's lawsuit is rediciulous on countless levels.
It's not CP.
It's not pornographic (Miller).
His beef is with his parents, not Nirivana or their associates.
If it causes him distress, QUIT TELLING EVERYBODY IT'S YOU, DUMBASS!
In the opening scene of Better Call Saul, Jimmy makes an impassioned, wonderful defense of 3 teenagers laying out his 'boys will be boys' strategy. Kids do stupid things, and this was just a youthful indiscretion, he says. The prosecutor never says a word. He just wheels out a TV on a cart, puts in a VHS tape, and shows the jury a video of the three knuckleheads sawing the head off of a corpse and fucking it. Res ipsa loquitur. In this case the defense will probably just produce the three different instances where this particular jackass recreated the album cover for profit. Real victims don't recreate their abuse for cash.
Also, unintentionally this numbskull just hammered home the artistic element of the cover. Now he's the wide-eyed kid chasing after the dollar both figuratively and literally.