I say you jailbreak it. Just to get back at apple. You can't damage your ipod touch with a jailbreak, so what do you have to lose?
You don't even have to jailbreak it, I'm certain the new firmware will turn up online. It's not like it's looked to one iPod Touch. Once it's online you can download it to your computer, hook the iPod to iTunes go to restore and hold "Alt" when selecting restore you'll then get the option to select the file to restore from.
If I bought an iPod Touch I would do it without thinking. If Microsoft can offer free software updates for their ****** Zune then there is no reason why Apple should be screwing over iPod Touch owners.