Can the iOS in a 3rd gen touch be upgraded?

I've been given a 3rd gen touch with version 3.1.3 installed.  When I plug it in to my PC and bring up the itunes store it tells me that this is the current version for my device, no updates available.  However, when I try to install an app like "podcasts", I am told that I need iOS 5.1.  Is there a solution to this Catch-22?

If iTunes tells you that iOS 3.1.3 is the current version, then you most likely have a 1st generation iPod. You can use one of these tools to find compatible apps:
iOSSearch - Find apps in iTunes for iPhone 3G,  iPod Touch 1st, 2nd gen, iOS 3.1.3, 4.2.1 etc.
Apple Club - filter apps by iOS version.
Here is Apple's guide to identifying iPods:
http://support.apple.com/kb/HT1353

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