Adviser in Anne Frank case suggests VPNs alone don’t break copyright borders; Courthouse News Service, January 15, 2026

EUNSEO HONG , Courthouse News Service; Adviser in Anne Frank case suggests VPNs alone don’t break copyright borders

"The dispute centers on a clash between the Anne Frank Fonds, which holds the copyright for certain versions of her diary in the Netherlands, and a group of academic and cultural institutions that published a comprehensive scholarly edition of the manuscripts online. While the diary entered the public domain in several EU countries in 2016, including Germany, Belgium and Italy, copyright protection in the Netherlands runs until 2037.

To account for that divide, the publishers limited access where the diary is still protected, using geoblocking and on-screen warnings. The Fonds challenged that setup, arguing that the possibility of access through VPN services was enough to make the publication unlawful in the Netherlands.

Rantos rejected that logic, warning that tying liability to the mere possibility of circumvention would make territorial copyright unworkable online.

“It is common ground that, in both the virtual and real world, no security measure is absolutely inviolable,” he wrote, underscoring that EU law does not expect publishers to do the impossible.

In his view, copyright responsibility turns on a publisher’s conduct, not on every workaround devised by determined users, unless the safeguards are intentionally flimsy or built to be easily defeated.

Stef van Gompel, a professor of intellectual property law at the Vrije Universiteit Amsterdam, said the advocate general got it right in drawing a clear line between a publisher’s actions and what users might do to get around them. Treating VPN workarounds alone as a copyright violation, he said, would stretch the law too far.

“Otherwise, this would mark the end of online territorial licensing of copyright in the EU and jeopardize the free flow of information online,” van Gompel said. He warned that otherwise, works published where they are in the public domain could end up effectively off-limits online “if the work is still in copyright in any other country in the world.”"