Wednesday, May 06, 2009

No Imminent End to Apple’s Discrimination Against Polish Clients


There has recently been a massive press offensive in Poland against Apple’s discrimination against Polish clients. Despite the fact that Poland has been EU member since 2004, Polish clients are still unable to legally buy media files in iTunes. Unfortunately, it seems nothing is likely to change soon.

The biggest daily in Poland “Gazeta Wyborcza” has recently run a series of articles pointing at the lack of iTunes Store in Poland. Poland is part of the European Union market and therefore, Polish clients should have access to the same offers like their German or French pals. There are more clear examples of how Apple unfairly treats Polish clients. Despite the fact that Polish iPhone and iPod touch clients are able to register themselves and buy apps in the App Store boosting its phenomenal results, they were excluded from the Billion App promotion Apple staged when nearing the one billionth download.

It is quite difficult to be a Mac user in Poland, too. Although there is an official Apple representation in Poland, Apple does not sell its products on its own. There are no Apple Stores, only a couple authorised resellers whose prices are – mildly speaking – outrageous. After-purchase service is a struggle, too. You need to be really determined to fully enjoy using “the best software locked in the best hardware” in Poland.

“Gazeta Wyborcza” inspired Polish EU MPs to inquire at the European Commission about the unfair treatment of Polish clients by Apple. EU Commissioner Neelie Kroes acknowledged the fact and promised Polish Apple clients would be able to buy mp3 files in iTunes Store in May. This was in mid March. May has come and we know this will not happen anywhere soon. Two days ago “Gazeta Wyborza” published an interview with another EU Commissioner Vivienne Reading who admitted there was no chance to finish legislation that would force Apple to open its services to all EU member states until the end of this term of the European Parliament’s office. Legislative procedures in the European Union are usually quite protracted and in this particular moment largely dependent on imminent elections that will possibly change the political landscape of the European Union. This, in turn, will surely put the EU digital market regulation to some undefined future time.

As it might be easily predicted, Apple is almost mute about the issue. In their response to EU query, Apple’s PR forces explain the Polish market is not big enough to fully respond to the cost and labour of launching the machinery in Poland. This is probably true – although there are 38 million people in Poland, which makes it the sixth or seventh biggest EU market, numbers are pretty low. The highly elevated level of Internet piracy and social assent to intangible assets’ thefts are two big problems of Polish society. However, it needs to be clarified the prices of CDs and DVDs, which are usually similar to the ones in other EU regions, are too high for an average Polish consumer.

Anyway, that is not the case. Poland is part of the European Union and should enjoy the same rights as any other EU member states. To paraphrase the often used argument by the leading Polish opposition party, the Law and Justice (PiS) – we did not fight against the communism in this part of the world for such a long time to be left out again now when we are finally free…

There is no hope for imminent changes in law that would force Apple to stop discriminating against Polish consumers. However, there could be an alternative way. Polish clients could easily open Apple’s eyes with increased sales of legal music and video files. No company in the world will ever ignore a market with a couple dozen million potential clients. To do this we need to have the most obvious homework done, possibly with help from Apple and other global vendors. What we need is a successful crusade against Internet piracy, along with sound author – publisher regulations and a massive educational campaign over security in the Internet.

* picture taken from the biggest Polish Mac blog - AppleBlog.pl
dodajdo.com

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3 Responses to "No Imminent End to Apple’s Discrimination Against Polish Clients"
  1. kirasaw said...
    6 May 2009 09:30

    I really think you have this all wrong. If the EU would simply create a EU wide system for copy-write and stop letting each of the member states create a maze of rules and regulations then Apple could simply have one big EU iTunes store. With the way the EU operates now Apple must create a separate store for each member state and negotiate a separate contract with each member state's music labels. The EU claims to be a vast market of over 500 million yet it is actually a quasi government over seeing 27 separate states each with laws and rules that differ and with some using Euros while others don't. It is the EU's lack of central control not Apple discriminating against anybody that is the problem.

  2. Przemysław Pająk said...
    6 May 2009 11:23

    @kiresaw - I fully understand your point of view but that does not change the fact that Apple is discriminating against Polish clients not letting them buy in the iTunes Store. Why do the Brits, French or German can do it and the Poles cannot. We are EU citizens just like them. Why don’t Apple treat us like them.

    The EU procedures are full of controversies and ambiguities. My post was rather critical about EU. They should be protecting us – EU citizens from discriminatory procedures. And they fail to do this, also with the fact – as you mentioned – that there is no homogenous digital market in the whole EU.

  3. mj said...
    7 May 2009 05:03

    This isn't discrimination. It's not about being part of the EU. This is about one company negotiating the byzantine laws of copyright and regions established by decades of dominance by media moguls.

    I wholly support this move to put legislation in place to force equality for all EU citizens in this way - however, it will be opposed by the media rights holders.

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