EU Court of Justice ruling: Geoblocking protects copyright even when VPNs are bypassed

The European Court of Justice (ECJ) has delivered a landmark ruling on the issue of geoblocking and its role in protecting copyright, even when users attempt to bypass geographical restrictions using virtual private networks (VPNs). The decision, rendered on Thursday in case C-788/24, provides clarity for online archives, educational institutions, and other entities dealing with digitized cultural heritage. It confirms that works in the public domain in one EU member state can be freely offered online, even if they remain protected under copyright laws in another country—provided there is an effective geographic block preventing access from regions where the work is still protected. According to the ruling, this applies even if users manage to circumvent such blocks using tools like VPNs. The case centered around the diary of Anne Frank, whose writings have been a subject of legal debate due to varying copyright protections across Europe. Specific parts of her writings are still protected until 2037 in the Netherlands due to transitional rules, while in countries like Belgium, Germany, and Austria, the rights have already expired. This discrepancy led the Anne Frank Foundation and academic institutions to publish a free, academic edition of the manuscripts in Dutch online. To comply with Dutch copyright law, they implemented a geoblocking system to restrict access to countries where the work was still protected. The dispute arose when the Anne Frank Fund, based in Switzerland and holding the copyrights, challenged the legality of this approach. They argued that since users could bypass the geoblock using a VPN, the publication constituted an illegal “public performance” within restricted territories. The Supreme Court of the Netherlands referred the central question to the ECJ, asking whether such an online offering would be considered unlawful if users could technically bypass the geoblock. In January, Advocate General Athanasios Rantos had already outlined that the mere presence of technical loopholes does not automatically make a public performance illegal in a restricted territory. He emphasized that taking effective technical measures clearly indicates the intent not to target those areas. The ECJ has now affirmed this view, stating that a geographic block must meet current technological standards to be considered legally valid—even if it might theoretically be bypassed by individual users. The court highlighted that modern geoblocking represents a fair compromise between ensuring free access for citizens in countries where the work is in the public domain and respecting the interests of right holders in other states. It also rejected attempts to shift responsibility for copyright border crossings onto publishers or infrastructure providers. The court clarified that liability for errors lies solely with the institution making the work available online if the block does not conform to current technology standards. The provider of the VPN service used by users is not held responsible unless they explicitly encourage or promote the bypassing of these restrictions. Based on this ruling, national courts in the Netherlands must now apply these guidelines. The decision sends a clear signal to European digitization projects, allowing them to rely on technically sound geoblocking as a means of protection. The case involving Anne Frank’s legacy was seen as a precedent for determining how strict digital borders should be within Europe. Large streaming platforms and the digital economy, which operate on models based on territorially limited exclusive rights, are likely to welcome this ruling. A contrary decision would have posed significant challenges to their business strategies. However, the ECJ's judgment reinforces the balance between protecting intellectual property and enabling broader access to cultural resources across the EU.