The app "GarageBand" was not installed on the iPod because it requires a newer version of iPod software. Help!

I bought an iPod Touch 3rd Generation on Ebay
My version of iTunes is 10.6, my iPod Touch is the 3rd gen, and my version of my iPod Touch is 4.2.1 (8C148).
Am I supposed to have iOS 5? Even then, when iTunes checks for software updates, it doesn't acknowledge it.
Did I make a mistake in buying the app?

I think you really have a 2G iPod. Those can only go to iOS 4.2.. Googling shows you have  2G iPod. Ask iTunes for a refund.
How to report an issue with Your iTunes Store purchase

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