Recently purchased iPod Touch did not come with current firmware

Question

I have just received my 32GB iPod touch from china but it did not come with the 3.0 update.
Why do I have to pay for an update that was released over a month before I bought the iPod from Apple?
Also, iTunes will not stop bothering me about updating to 3.0. Every time I open iTunes, a popup dialog come up asking me if I want to update the iPod Touch to 3.0.
I would love to update but I refuse to pay for an update that's over a month old.

Answer 1

Well, 3.0 really isn't an update as much as it is a new accessory for your Touch. It may seem like it should be an update, but it introduces many new features. If all it did was fix some errors it would be an update, but this is an entirely new release, hence the $10 charge. Trust me, you're not alone in expecting a new Touch to come with 3.0, but the reality is that this is how Apple's done this in the past (when 2.0 came out, the 1st generation Touches did not come with it -- only the 2nd generation ones did). iPhone users get 3.0 for free, but in reality that is a perk that Apple gives them for paying a monthly access fee. My guess is that 3.x won't come with a brand new Touch until the next generation is introduced.
As far as the incessant "do you wanna buy 3.0" message, that may eventually go away if you decline it enough times.