Ok apple and retailers worldwide marketed the 8gb touch as 3rd gen when it came out. Now that 4.3 is out lots of people getting angry that they can't update to that firmware. The model number is MC086LL if you use several apps in the app store ie mactracker that a lot of apple employees use to help customers it says that model is 3rd gen. Yet when you type in the serial it comes back 2nd gen. Is this fraud on apple or best buy and other retailers? The receipt clearly has that model number and states its a 3rd gen on it.