HT4865 i bought a ipod touch from a friend on the street and i cant even use it

is there a way i can get passed the activation lock

Yes, get your "friend on the street" to remove the Activation Lock by entering their AppleID password, or by going to the iCloud website and removing the device from their account.
The Activation Lock is a security feature and cannot be bypassed - if it could be bypassed it would be a useless security feature.

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