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.”"

Illustrator stands by graphic novel of Anne Frank's diary that got Texas teacher fired; CBC, September 22, 2023

 Sheena Goodyear, CBC; Illustrator stands by graphic novel of Anne Frank's diary that got Texas teacher fired

"When Anne Frank Fonds, the foundation that holds the copyright to Frank's diary, first commissioned the graphic novel adaptation, Polonsky says he and writer Ari Folman believed it was important to include the previously censored materials. 

"We accepted this challenge because we felt it was important to keep this story alive, and also to portray Anne as a full human being," he said. "She's not a mascot for the Holocaust. She's not a symbol. We think it's important to represent her as a complicated young writer."

In illustrating those more sensitive pages, Polonsky says he took great care to make sure nothing was too explicit for young readers."

Anne Frank's diary caught in fierce European copyright battle; Guardian, 1/18/16

Alison Flood, Guardian; Anne Frank's diary caught in fierce European copyright battle:

"In a letter to Ertzscheid sent in late December, the foundation asks him to “cease and desist” from making The Diary of a Young Girl available online, to “immediately” announce he was “misinformed” about the copyright in the diary, to compensate damages, and to pay €1,000 each day he does not comply with the instructions, or risk court proceedings.

Ertzscheid went ahead, however, describing it as a “gift”. “This first of January 2016, 70 years after the death of Anne Frank, because this is enough time and because it is legal, this diary, her diary, enters the public domain. It belongs to everyone. And it is up to each of us to weigh its importance,” he wrote."