do you want to jailbreak it??? if so it doesn't matter anymore. you can now jailbreak any ipod touch or iphone on any firmware using jailbreakme.com on your ipod touch browser safari.
here are the steps.
1.Plug in Your device
2.Back up your Device content (just in case data is lost)
3.go to your iPod touch/iPhone and open up safari and go to jailbreakme.com
4. Wait and follow instructions
5. Jailbreak and your done.
a lot of cydia apps and tweaks dont work, like ifile,infiniboard and my ipod randomly turns off at night with full battery, i never had any problems before with 3.1.2