As said, unfortunately, no, you cant even get the last iOS version. Despite iOS 4 working on the same spec'd iPhone 3G, stupid Apple refuses to allow choice, and as such you are stuck on iOS 3. I would avoid getting that iPod if at all possible, as many even simple applications now require iOS4. I had a first gen myself, and even last year many apps kept updating to require iOS4. Now, even simple text based stuff, such as the USA today newspaper application, wont run on iOS3, meaning games very likely wont work. Also, the sidebar on iTunes saying what iOS version and what hardware the app will run on is frequently wrong. I have gotten several apps that say they work, and then they don't. Apparently, apple only has a few selections for what can be written on the page, but the selections don't always represent what the developers really want.