The one I found is actually unopened. It almost seems to good to be true, but I'm going to go have a look at it. If this is real it will be quite a good deal as here in Canada, a 32gb touch is almost $600 with tax new in box from Apple.
Yup, I got mine from a man in Ottawa. He was really nice, at first I just inquired because I thought it was too good to be true, and he actually had a voucher from his work and he already had an ipod so he thought he'd make some money off of it. So I've had a pleasent experience. He had me open the box infront of him and everything and gave me the receipts so I could get applecare if I choose to. I have yet to decide, I think I will end up getting it anyway.