Cox Communications, Inc. v. Sony Music Entertainment · ¶61

Properly understood, Sony and Grokster preserved other forms of secondary liability derived from the common law. The majority, however, does not even mention that Grokster expressly held the door open to other common-law liability rules. Instead, all the majority offers is that it is “loath to expand [secondary] liability” further based on the general principle that “[o]rdinarily, when Congress intends to impose secondary liability, it does so expressly.” Ante, at 592. That principle, however, is irrelevant here because this Court held over 40 years ago that the Copyright Act impliedly provides for secondary liability. See Sony, 464 U. S., at 434–435. Stare decisis requires this Court to apply that holding fairly, not ignore or artifcially constrain it. Indeed, “stare decisis carries enhanced force when a decision . . . interprets a statute.” Kimble v. Marvel Entertainment, LLC, 576 U.…

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