Tenenbaum and Nesson (JoelFightsBack.com)

In a decision sparse in terms of legal precedence, Joel Tenenbaum, the Boston University student involved in a civil suit with the Recording Industry Association of America, again finds himself staring down the barrel of a six figure judgment. This comes on the heels of a decision by a Federal Appeals Court to reverse former District Court Judge Nancy Gertner’s ruling that Tenebaum’s fine be reduced from $675,000 to $67,500.

Now he owes $675,000 again.

Gertner felt that the jury’s initial ruling was excessive, and therefore a violation of due process. While the appeals court did not directly address the constitutional issues raised by Gertner, they took issue with her “disregard for procedure” in reducing the fine levied against Tenebaum. The appeals court cited that Gertner, in lieu of an arbitrary reduction, should have proposed a figure that the Record Companies could settle on or choose to decline; the latter resulting in a second trial.

The constitutional gray area brought into the spotlight by Gertner’s decision seems to form the foundation of the argument launched by Charles Nesson, a Harvard Law Professor, and his team of law students aiding him Tenebaum’s defense. Nesson and his team seem intent on promoting the idea of the Copyright Statute being vulnerable in its application upon individual file sharers who have no intent to profit from their infringement, a point brought up by Tenebaum in his own defense.

Jason Harrow, one of the students aiding Nesson, stood before the First Circuit Court of Appeals and argued that so few cases of this nature had been filed because “no one thought the statute would apply to consumers like this.” The Judge quickly dismissed this notion by stating that “the literal language of the statute does not include an exception for consumers.” She also pointed out that Congress could have easily written in this exemption had it been their intent for the statute to be interpreted thus. However, Harrow still argued that the statute should be fairly interpreted in order to suppress any constitutional red flags, and that Congress did not necessarily intend for the copyright laws to be enacted in a way that gave leeway to such “absurd results.”

The actual body of the Copyright Law of the United States reads that, “In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.” As a result, Tenebaum, who is considered a willful violator responsible for 30 separate infringements, faced a maximum settlement of $4.5 million.

Tenebaum is grateful that the judgment did not reach this multi-million dollar ceiling, saying “That to me sends a message of ‘we considered your side with some legitimacy’”. However, he has also noted that even the significantly smaller figure set by Nancy Gertner, and recently overturned by the appeals court, will result in his filing for bankruptcy.

This is the first case of its kind to reach the Federal Appeals Court, although a similar case involving Minnesota mother, Jammie Thomas-Rasset, is also destined to appear before a Federal Court after three years of circulation in the legal system.

How about a marathon you can sit down for? Today’s Boston Theater Marathon, 12 am—10 pm at the BCA, will provide plenty of exercise for your imagination, your mind and your senses with no possibility of shin splints. Organized by B.U.’s Boston Playwrights’ Theatre, it’s a festival of 10-minute plays by area playwrights.

10-minute plays are the short stories of the theater world. Longer than a sketch but shorter than a traditional one-act, they’re delivery agents for a single, simple concept or conflict. Appearing mainly in festivals, they’re largely used by playwrights to show off their chops and generate interest in their longer work.

Over 400 Boston-are playwrights submitted works to Boston Theater Marathon XIII and 50 were selected by a panel of judges from the 50 participating local theater companies who stage the winning selections. Tickets to the event are $35 and all proceeds go to the Theatre Community Benevolent Fund.  Here’s the lineup:

12-1 PM

Share This World, Ronan Noone, Emerson Stage

Late, Lamented, Lynne Cullen, 11:11 Theatre Company

The Mouse, Colleen Hughes, Firehouse Center for the Arts

The Fudgicle Thief, Bill Doncaster, Boston Children’s Theatre

One More to Go in Beantown, Debbie Wiess, New Repertory Theatre

1-2 PM

Those Still Living, April Ranger, Theatre on Fire

Every Seven Seconds, Dan Hunter, Boston Actors’ Theatre

Crickets, Emily Kaye Lazzaro, Boston Center for American Performance

Cat in a Box, Julian Olf, Centastage

Welcome to the Hate Store, Jan Velco Soolman, Happy Medium Theatre

2-3 PM

The Resurrections, Catherine M. O’Neill, Actors’ Shakespeare Project

Slugger, Terrence Kidd, New Urban Theatre Laboratory

Uncommon Ground, John R. Sarrouf, Hovey Players

Birdbaths, “Twilight”, and Other Sundry Topics, Rick Park, Phoenix Theatre

A Handy Man, March Schrader, Village Theatre Project

3-4 PM

Trust Fall, Steve Lewis, Apollinaire Theatre Company

Rogue River, Oregon, Phil Schroeder, Boston Playwrights’ Theatre

Park ‘N’ Ride, Michael Ennis, Publick Theatre Boston

Procession, William Donnelly, Battleground State

Downward Facing Dog, Melinda Lopez, Another Country Productions

4-5 PM

Camberwell House, Amelia Roper, Perishable Theatre

Mirror Touch, Michael Burgan, North Shore Music Theatre

A Tall Order, Sheri Wilner, Liars & Believers

Perfect Strangers, Peter Snoad, Huntington Theatre Company

Rox-N, Miss Thang, Barbara Blumenthal-Ehrlich, Holland Productions

5-6 PM

Stuck, Christopher Lockheardt, New Exhibition Room

Little Boys, Margaret Lagerstedt, Stoneham Theatre

Oops, James C. Ferguson, CoLab Theatre Company

Pentagon Mashed Potatoes, Cliff Blake, Company One

Teddy Ballgame, Caitlin Mitchell, Roxbury Repertory Theater

6-7 PM

Backfire, Leslie Powell, Image Theatre

Boy-Man, Diane Di Ianni, Sugar Cereal Productions

There’s an App for That!, Richard Schotter, lau lapides company

Wasted Kisses, Thomas G. Dunn, Orfeo Group

Escape to Wonderland, Patrick Gabridge, Fort Point Theatre Channel

7-8 PM

Beep… Doot, Aaron Kagan/Seth Soulstein, Bad Habit Productions

The Curator, Jennifer Diamond, Wellesley Summer Theatre

A Designated Awful Place, Gregory Hischak, Salem Theatre Company

Our Part to Change Things, Susan Goodell, Wheelock Family Theatre

M. Riverside, John J King, Turtle Lane Playhouse

8-9 PM

Sarah in Wonderland or…Robert Brustein, American Repertory Theater

Ms. Connections, Erin Striff, Boston College Theatre Dept.

Doll Hospital, Jeanne Beckwith, Pilgrim Theatre Research & Performance Lab.

A Ballad for Peggy, Stephen Faria, Nora Theatre/Underground Railway Theater

Game On, Gary Garrison, SpeakEasy Stage Company

9-10 PM

10 Years After Paradise, Israel Horovitz, Gloucester Stage Company

Squirrelly, James McLindon, Commonwealth Shakespeare

Bible Study, Daniel Sauermilch, FortyMagnolias Productions

Open House, Theresa Rebeck, Lyric Stage Company of Boston

Casting Amanda, Jack Neary, New Century Theatre

Officials believe a 22-year-old Boston University grad had been drinking before he was fatally struck by a Green Line trolley early Sunday morning.

Joshua Stimson of Brighton, struck by a D-branch train. He was found on the eastbound tracks and pronounced dead at the scene.

The Boston Globe reported that Stimson graduated in the spring from the School of Management where he majored in finance. He started a job last week and was excited to be out working in his field, friends said.

T officials said alcohol was believed to have been a factor, based on interviews with friends that saw him before he died. Stimson may have been intoxicated and stumbled into the tracks.

Sam Mendoza, a Boston University graduate, presented his collection Tuesday night at the Liberty Hotel.

The show, Dark Wave Disco, was a collection of cocktail dresses. As the models walked around two levels of balconies, spectators lined the balconies with drinks in hand. The crowd loved Mendoza’s collection of dresses that moved, flowed right past you.