Hello everybody
I would like to share my experience with the issue of this topic. I hope it will help some people, especially if you live in the EU.
I have troubles with my trackpad: it highlights stuff I don't want, it moves pieces of texts and pictures when I am on different website. The behavior of the trackpad is erratic.
I bought my MBA 13" mid-2011 in December and I am not anymore under the 1 year legal warranty. I don't have Apple care.
I noticed the problem with my trackpad once I installed Simcity 4, a game that uses a lot the trackpad. I am quiet sure this is reason of my problem.
So I contacted the Apple Assistance. The first time, they asked me to do SMC and PRAM which in fact didn't solve the problem.
I then read a lot of topics on the Internet about issues with the trackpad. I found also people with my model of MacBook Air having the same issue as me.
So I decided to contact again the Apple assistance and explained that I wanted to change my trackpad. I had to argue a little bit, saying that I take good care of my MBA, I've already done SMC and PRAM and that I read a lot about this issue.
The guy on the phone said there was nothing to do except go to a service center and make a reparation, at my full expense.
He told me again that I didn't have Apple Care and that my warranty was over.
I then told him that in Europe, the warranty is not 1 year but 2 years. He was aware of that and decided to escalate my call.
I ended with a Senior Advisor CPU FR who tried to tell me that 2 year ruling was a European Law and would depend on the country. I told her that was not quiet right and gave her the decisions ruling: Directive 1999/44/CE.
I also told her that Apple was sentenced €900,000 in Italy for not respecting this warranty (source).
She then and finally decided to grant me "an exceptional warranty" to change my trackpad.
I went to an Apple reparation center and after 5 days I got a new trackpad. Now everything seems to work correctly.
In conclusion, if you are having this issue or any others, do not hesitate to use this argument.