Against my better judgment I bought and ipod touch crossed my fingers and hoped it wouldn't have the problem but it does! I had to buy it from the apple store because I needed to use my gift certificates. I have about 12 more days to return or exchange it. I don't feel like exchanging it several times because from what I heard a lot of units are effected, probably most but not everyone notices and reports it.
Anyway I hope they make an announcement soon otherwise I am gonna return it and take the 10% restocking fee, if they don't respond to this soon my idea of Apple as a company will suffer greatly!