> depending on what "state of the art and effective" means

This isn't codified into law for good reasons. Technology shifts and you don't want to have to update laws every time someone invents a new cipher or protocol.

The website is defending itself from having to pay a fine because they're blocking VPN users. They require blocking VPN users to skirt around the extreme terms in Dutch copyright law. If they didn't block VPNs, they would've lost already.

This boils down to "did they try hard enough not to violate copyright in the place(s) where copyright was still applicable".