AppleInsider reports that a California judge granted Apple's motion to dismiss counterclaims from Psystar, who charged the Mac maker with violating antitrust laws through its vigorous attempts to block third parties from selling rival Mac OS X-based computers.

But in a 19-page order passed down on Tuesday, Judge William Alsup largely reject Psystar's claims and granted Apple's motion to have the countersuit thrown out of court should the clone maker not better its argument through an amended complaint that can be filed no later than Monday December 8th. Should the company fail to do so, all of its claims will be dismissed without leave to amend.

Central to Psystar's complaint was that Apple’s Mac OS X operating system is not reasonably interchangeable with other operating systems such as Microsoft Windows and therefore comprises its own distinct market. The clone maker alleged that Apple has engaged in various forms of anti-competitive conduct in order to "protect its valuable monopoly in the Mac OS market" and that it has also run advertising campaigns to help define the Mac OS as a product separate and distinct from other operating systems.

Apple responded to Psystar's argument by asserting that the company's definition of a market comprised of a single brand of a product is neither legally nor factually plausible. Judge Alsup agreed, noting that the definition of an antitrust "relevant market" is typically a factual rather than a legal inquiry, but certain legal principles govern the definition.

[Apple Insider]

Apple has released a fix for the buggy trackpads that plagued their recently released MacBooks and macbook Pros. 

This firmware update addresses an issue where trackpad clicks may not be recognized on MacBook (Late 2008) and MacBook Pro (Late 2008) systems.

The update package will install an updater application into the Applications/Utilities folder and will launch it automatically.

Follow the instructions in the updater application to complete the update process.

The fix is available via Software Update or you can download in manually from Apple's Website.

Disappointing news for Insomnia fans from Apple:

Dear Insomnia Participants,

Due to unexpected challenges we are postponing the 2008 Insomnia Film Festival. We understand the inconvenience and disappointment this change of schedule brings to those of you who have been preparing to participate.

Our plan is to reschedule the festival for after the holidays. If you have already registered on the Insomnia Gallery we will automatically contact you when the new festival dates are scheduled. If you have not yet registered and would like to be informed of the new schedule, please sign-up here and we will be happy to contact you. 

Sincerely,
Apple Insomnia Team

We'll keep you posted on any updates as we receive them. Hey now, I know you're disappointed but pucker up at least you have more time to plan your perfect script!

Apple has released an update to Safari which includes phishing protection built-in. The Update is available for download on Apple's website or through software update.

This update is recommended for all Safari users and features protection from fraudulent phishing websites and better identification of online businesses. This update also includes the latest security updates.

You can use the links below to manually download the new builds of Safari.

Safari for Leopard (39MB)

Safari for Tiger (25 MB)

[Update] Apple's download page has not yet been updated to reflect 3.2, however you can find details of the download in their Support pages > Apple Downloads

The iPhone 3G is taking no prisoners this quarter! Today, the market research firm NPD reported that the iPhone 3G has surpassed Motorola's Razr as the most sold consumer handset among adults in the U.S. 

"The displacement of the RAZR by the iPhone 3G represents a watershed shift in handset design from fashion to fashionable functionality," said Ross Rubin, director of industry analysis for NPD. "Four of the five best-selling handsets in the third quarter were optimized for messaging and other advanced Internet features."

Last moth, Apple revealed that they had outsold RIM to become the third largest smartphone manufacturer in the world. 

The top handset models in rank order, based on unit sales in Q3, were as follows:

1. Apple iPhone 3G
2. Motorola RAZR V3 (all models)
3. RIM Blackberry Curve (all models)
4. LG Rumor
5. LG enV2

Apple released a public statement today stating their opposition to California's Proposition 8. The proposition seeks to "change the California Constitution to eliminate the right of same-sex couples to marry in California" and would only recognize marriages between a man and a woman as valid. 

"Apple is publicly opposing Proposition 8 and making a donation of $100,000 to the No on 8 campaign. Apple was among the first California companies to offer equal rights and benefits to our employees’ same-sex partners, and we strongly believe that a person’s fundamental rights — including the right to marry — should not be affected by their sexual orientation. Apple views this as a civil rights issue, rather than just a political issue, and is therefore speaking out publicly against Proposition 8."

[Apple Press Release]

Apple has launched a forum entirely dedicated to iPhone developers. This comes on the heels of releasing a more relaxed non-disclosure agreement yesterday. The developer program is still in Beta and is open to all registered iPhoen devs:

The Apple Developer Forums Beta provides an environment to discuss technical aspects of developing software for iPhone and iPod touch. The Apple Developer Forums are available to developers in the iPhone Developer Standard Program, Enterprise Program, and University Program. Log in using your program Apple ID and password.