If you find this metric as astonishing as I do, consider this: The increase in Bay Area data traffic is actually below the national average–significantly below. According to AT&T (T) CTO John Donovan, 3G data traffic on the company’s wireless network has risen nearly 5,000 percent in the past 12 quarters nationally (see chart below; click to enlarge).

“Today, we’re seeing unprecedented growth in mobile broadband traffic,” Donovan said during his keynote at the Open Mobile Conference on Nov. 5. “This growth has required extensive rethinking of wireless networks as we know them, as well as significant advances in the supporting IP backbone and other infrastructure.”

A 5,000 percent increase in 3G data traffic: That’s an astonishing figure. Seems to me it’s entirely likely that any carrier that had been first with the iPhone–including catcalling rival Verizon (VZ)–would have suffered network troubles similar to those that plague AT&T today.

No other U.S. carrier offers a super-smartphone that has sold as well as the iPhone and that people use much like a laptop. Sure, Android and Palm (PALM) webOS devices are used in this way as well, but there are far fewer of them and they have significantly fewer data-hungry apps.

Research in Motion (RIMM) offers some BlackBerries that are used this way, but only some, and there are only 3,000 or so apps available for them. iPhone owners have 100,000 apps from which to choose. And while it’s obvious that there are more BlackBerries in use than iPhones, some of these rely on AT&T’s network, which only compounds the carrier’s problems.

So, really, any carrier that had been first to market with the iPhone would have seen its network overtaxed, especially after Apple (AAPL) launched the iPhone 3G and the iTunes App Store. Those events effectively upended traditional planning models for network capacity in a way that no one was prepared for.

Perhaps other carriers would have fared a bit better. Verizon’s 3G network, even back in 2007, was much deeper and broader than AT&T’s. But could it really have supported a 5,000 percent increase in data traffic without incident? I’m not so sure.

Which is not to say that AT&T is blameless. Its network has lagged and continues to do so, and the iPhone and the massive surge in data traffic it brought with it are not entirely responsible for that.

But they are obviously a big factor. It will be interesting, then, to see how Verizon’s network holds up in comparison if and when the carrier gets the iPhone.

[Image Credit: Morgan Stanley Managing Director Mary Meeker]

“Psystar has violated Apple’s exclusive reproduction right, distribution right, and right to create derivative works,” Alsup wrote in his ruling (see full text below). Not only did the company infringe on Apple’s (AAPL) copyrights by installing Mac OS X on its hackintoshes, he explained, it violated the Digital Millennium Copyright Act to do so.

An ugly defeat for Psystar, which just a few weeks ago asked a judge to bless its business and rule that it is legally allowed to sell machines with Apple’s Mac OS X pre-installed. Still, it doesn’t mean that the acrimonious legal battle between the two companies is finished. Psystar could appeal, though Alsup’s ruling would seem to leave the company pretty far up that certain creek it’s been traveling lately–without a paddle.

There remain a number of accusations to be decided at trial, among them, Apple’s claims of breach of contract, trademark infringement, trademark dilution and unfair competition. Beyond these, there are the damages that will almost certainly be brought against Psystar on the copyright issues in the case.

“The court asked for briefs on that subject,” Pamela Jones notes over at Groklaw. “In short, Psystar is toast. Psystar’s only hope now is Florida, and frankly I wouldn’t bet the house on that one. Judges notice if you were just found guilty of a similar cause of action in another state.”

Psystar –

Astonishing, really, when you think about it. The App Store isn’t even two years old yet. Nor is the iPhone software development kit. Before the SDK was released March 6, 2008, the only developers working with it were the handful of outfits Apple (AAPL) had partnered with while it was in beta.

So Apple is entitled to a bit of gloating. And gloat it did, in a press release celebrating the 100,000-app milestone this morning:

Apple Announces Over 100,000 Apps Now Available on the App Store

CUPERTINO, Calif., Nov. 4 — Apple® today announced that developers have created over 100,000 apps for the revolutionary App Store, the largest applications store in the world. iPhone® and iPod touch® customers in 77 countries can choose from an incredible range of apps in 20 categories, including games, business, news, sports, health, reference and travel. App Store users have downloaded well over two billion apps, continuing to make it the world’s most popular applications store.

“The App Store, now with over 100,000 applications available, is clearly a major differentiator for millions of iPhone and iPod touch customers around the world,” said Philip Schiller, Apple’s senior vice president of Worldwide Product Marketing. “The iPhone SDK created the first great platform for mobile applications and our customers are loving all of the amazing apps our developers are creating.”

“The App Store has forever changed the mobile gaming industry and continues to improve,” said Travis Boatman, vice president of Worldwide Studios, EA Mobile. “With a global reach of over 50 million iPhone and iPod touch users, the App Store has allowed us to develop high quality EA games that have been a huge success with customers.”

“With 10,000 downloads a day, worldwide customer response to our I Am T-Pain App has exceeded our wildest expectations,” said Jeff Smith, CEO of Smule. “The App Store has given us a unique opportunity to create and grow a very successful business, and we’re looking forward to an exciting future.”

Apple continues to improve search and discovery with new features including Genius for Apps, App Store Essentials selections, sub category listings and more valuable customer reviews. With the recently introduced iTunes® 9, it’s also now easier than ever to organize and sync your apps right in iTunes and they will automatically appear on your iPhone or iPod touch with the same layout.

The release of iPhone OS 3.0 this summer made over 100 new features available to iPhone and iPod touch users including Cut, Copy and Paste; MMS; landscape view for Mail, Text and Notes; stereo Bluetooth; shake to shuffle; parental controls; automatic login at Wi-Fi hot spots and Push Notifications. These new features have been incredibly popular with customers and there have already been more than two billion Push Notifications sent to apps available from the App Store. Additionally, the recently introduced In App Purchase feature for free apps means leading developers will now be able to offer customers the choice of buying content, subscriptions and digital services from directly inside their apps.

[Image Credit:148apps.biz]

According to its 10-K, the company “anticipates utilizing approximately $1.9 billion for capital asset purchases during 2010, including approximately $400 million for Retail facilities and approximately $1.5 billion for corporate facilities, infrastructure, and product tooling and manufacturing process equipment.”

That’s a wide range of potential applications–wider, in fact, than it has been in years past, as Caris & Company analyst Robert Cihra notes. “Interestingly…this year’s 10K added wording for purchases of ‘product tooling and manufacturing process equipment’ which could imply Apple reversing course to actually build certain products/components in-house,” Cihra said in a note to clients today. “Beyond that are signals of Apple investing in massive new data center capacity (e.g., North Carolina) that could support anything from iTunes/iPhone Apps through new ‘cloud computing.’”

Sounds plausible. After all, there’s a lot a company like Apple could do with an additional $1.9 billion in capital expenditures. Certainly, an iTunes TV subscription service would require some investment. A tablet/slate device might as well. Whether that’s where this money is headed–if it’s headed anywhere at all–remains to be seen. Who knows, perhaps Apple intends to blow it all on CEO Steve Jobs’ dream of the “ultimate computer factory.”

“As we’ve said before, newer versions of Apple’s iTunes software may no longer provide syncing functionality with unsupported digital media players.”

When Apple said it does not support iTunes integration with third-party digital media players, it meant it.

With iTunes 9.0.2, Apple (AAPL) has once again disabled the Palm Pre’s ability to synch with the media software, a feature re-enabled by Palm (PALM) earlier this month after Apple disabled it in response to Palm’s re-enabling of it following its first disabling by Apple.  

And if you think that round-and-round sounds asinine, just wait until Palm releases webOS 1.2.2.

Last year around this time, Sonos introduced its Controller for iPhone, a free application that essentially turns the device into a remote control for any Sonos system. The software performed nearly all of the tasks of the $399 Sonos remote and drastically lowered the price of entry for the otherwise spendy wireless system.

A year later, Sonos is building on the success of that app, launching an all-in-one wireless music system specifically designed for it. The ZonePlayer S5, as the company calls it, encapsulates Sonos’s multi-component system in a single device that can be controlled by an Apple (AAPL) iPhone, iPod touch or computer.

It’s a sort of iPodless iPod speaker dock or, rather, an iPod speaker dock where the iPod can be carried with you. The S5 can stream music from the iTunes library of any computer or networked hard drive. And with five speakers–two tweeters, two three-inch midrange drivers and one 3.5-inch woofer–and a 5 Class-D digital amplifier, the sound is likely to fill a room pretty well. Priced at $399, the S5 is expected at market on Oct. 27.

Consider these metrics:

Of the teens Piper Jaffray surveyed,

• 15 percent own iPhones (up from eight percent six months ago)
• 22 percent plan to buy an iPhone in the next six months
• 87 percent own iPods (up from 86 percent six months ago)
• 93 percent of the 40 percent who legally purchase music online use iTunes

Music to Apple’s (AAPL) ears, right? “Apple’s dominance in the CE and online music markets is going seemingly unchecked, capped by market saturation for iPod and iTunes usage,” Piper Jaffray analyst Gene Munster writes in his analysis.

“Also, interest in the iPhone remains high…We believe the $99 iPhone 3G has been a meaningful part of share gains in the last six months. Previously, teens were indicating that the plan pricing and handset pricing were too high for them (and their parents) to buy iPhones. The lower pricing appears to have been a catalyst for share gains. Also, the popularity of the App Store and the quality of games available for the iPhone have likely led to the gains among the teen demographic in recent months.”

Munster’s conclusion: “Apple is taking its leading position in music and mobile markets.”

Both debuted this morning, along with a Web-based storage and media-sharing service called My Phone. And while they’re certainly better than Microsoft’s offerings to date, the market seems unimpressed. Said Gartner (IT) analyst Carolina Milanesi: “There is nothing in this version that makes drastic changes that will get people to choose Windows who didn’t before.”

And, indeed, that appears to be the case. WinMo 6.5 is very clearly a stopgap on the path to 7.0, which is to be released next year. “Windows Mobile 6.5 isn’t just a letdown–it barely seems done,” Gizmodo’s John Herman complains, adding that its underpinnings reveal “an OS that hasn’t been fundamentally changed in years, and which bears a strong resemblance to Windows Mobile 6.1, and a startlingly not-weak resemblance to PocketPC.”

A startlingly not-weak resemblance to PocketPC. Not the comparison Microsoft (MSFT) was hoping for, I’m sure, especially given the OS’s decidedly flashier competition. But likely about all we could expect when even the company’s own executives are saying privately and publicly that they wish the OS was further along.

So 6.5 is really just a placeholder to keep Microsoft in the game–and just barely. As Windows Mobile Senior Product Manager Greg Sullivan told TechFlash, “It’s not the destination for us, by any stretch of the imagination, it’s a step along the way.”

Interesting, given the recent flap over Google Voice for iPhone, which Apple (AAPL) hasn’t yet allowed into its iTunes App Store because it “appears to alter the iPhone’s distinctive user experience by replacing the iPhone’s core mobile telephone functionality and Apple user interface with its own user interface for telephone calls, text messaging and voice mail.”

How is Vonage’s (VG) app different? Its features and functionality are certainly very similar to those of Google Voice.

Apple won’t say, but the company did tell the Associated Press that Vonage’s app falls under the same category as other VoIP applications that have already been approved for the iPhone.

From Palm’s webOS 1.2.1 version information:

Feature changes to existing applications
System

• Resolves an issue preventing media sync from working with latest version of iTunes (9.0.1).
• Media sync now synchronizes photo albums, maintaining the album structure in the Photos app.

How did Palm (PALM) do this? By once again making the Pre masquerade as an Apple (AAPL) device. Plug your Pre into your computer and set it to Media Sync and it identifies itself like this:

USB Product ID: 0×1209
USB Vendor ID: 0×05ac (Apple, Inc)
Manufacturer: Apple Inc.

A brazen move, considering the USB-IF specifically warned Palm against doing exactly this in its Sept. 22 letter to the company:

I attach for your information the USB-IF’s adopted and published policy regarding Vendor Identification Numbers (VIDs). Under the Policy, Palm may only use the single Vendor ID issued to Palm for Palm’s usage. Usage of any other company’s Vendor ID is specifically precluded. Palm’s expressed intent to use Apple’s VID appears to violate the attached policy.

Please clarify Palm’s intent and respond to this potential violation within seven days.

Now that Palm has “clarified its intent” with regard to this potential violation, I wonder how Apple and the USB-IF will respond. Do they have any recourse? The USB-IF could revoke Palm’s membership in the group, but what would that accomplish? Very little, as far as I can tell. Certainly, it wouldn’t prevent Palm from continuing to update its devices to synch with iTunes.

Reached for comment, Palm declined to offer one. Apple and the USB-IF have not yet responded to my requests. If and when they do, I’ll update here.

UPDATE: Looks like this cat and mouse game is going to go another round. This just in from Apple: “As we’ve said before, newer versions of Apple’s iTunes software may no longer provide syncing functionality with unsupported digital media players.” Presumably, iTunes 9.0.2 will disable Palm’s latest fix.

Notably absent from this update, however, is the reenabling of iTunes synchronization, which Apple (AAPL) spannered when it released iTunes 9.0 earlier this month. Seems that Palm (PALM) was either unable to develop a way to restore this feature or has thought better of doing so after the USB Implementers Forum took issue with the manner in which it was doing it.

“We know you’ve been eager for this service so we wanted to offer a quick update on the launch plans for MMS on Friday, Sept. 25,” AT&T explained on its official Facebook page. “Late morning, Pacific Time, on Friday, the new carrier settings update enabling MMS should be live and ready to download through iTunes.”

Assuming everything goes as planned. And sources inside AT&T (T) tell DSL Reports that the carrier is “very nervous” that it might not. “AT&T and its MMS partners are already seeing ‘record traffic during peak hours of the night’ with just the users selected for testing,” the publication says. “That early testing has been a little rocky, with AT&T seeing a fairly significant test outage yesterday that has them rushing to beef up their MMSC messaging servers. Estimates among those working on the project are that traffic on AT&T’s wireless network will be about 40 percent higher all day on Friday as iPhone users fire pictures and video at one another.”