EU Court Rules VPN Use to Bypass Geo-blocking is Not Illegal
The Court of Justice of the European Union (CJEU) issued a ruling on July 9th stating that using a VPN to circumvent geo-blocking is not illegal. This decision may displease copyright holders. The case highlights a peculiar legal situation concerning the copyrights of Anne Frank's manuscripts. While protected in the Netherlands until 2037, the works are already in the public domain in many other European countries, such as Belgium. In September 2021, the Anne Frank Stichting, the foundation managing the Anne Frank House in Amsterdam, made a scientific edition of the manuscripts available online for free in Dutch. However, they implemented geo-blocking to restrict access from countries where the work remains under copyright protection.
The CJEU's ruling clarifies that employing VPNs to bypass geo-blocking does not constitute an illegal act, a stance that may challenge established content distribution models. This decision underscores the evolving legal landscape surrounding digital content access in the EU. The case involving Anne Frank's manuscripts illustrates the complexities of copyright duration and territoriality, where works can simultaneously be protected in one jurisdiction and in the public domain in another. This creates friction between the desire for broader public access to cultural heritage and the legal frameworks designed to protect intellectual property. Future considerations may involve harmonizing copyright terms across member states or exploring licensing models that better reflect the digital age's realities, potentially impacting how cultural institutions manage and disseminate their collections globally.
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