Q: how do I upgrade first generation touch software to 3.1.3

I spent 2+ hours on the phone last night with Apple Support on this issue after I got what I considered an unacceptable response from the email support request I sent.  The support tech rep and I determined it is indeed a problem with the iTunes Store after testing lots of things with my account, hardware, software, network, etc...  I knew that to begin with, but the standard is that you have to convince folks that the problem isn't on your end. 

End result - it still doesn't work.  They are probably working on it, but it is unlikely to be assigned a high priority because it is an 'old' product (that was my interpretation, not a direct quote). 

There are a couple of other threads on this same issue - search :error 5002 ios 3.1" to find them

I still have this problem, did anybody shed any light on it?

Having the same issue, I was able to purchase the upgrade, but once the download starts in iTunes 10.5 (141) it dies, and I get the following error:

[There were problems downloading some purchased items.

For more information on the items that could not be downloaded, click below.

There was a problem downloading “iOS 3.1.1 Software Update for iPod touch”. An unknown error occurred (8288).

Please check that the connection to the network is active and try again.]

Needles to say there are no connection issues, all other purchases download just fine.

...waiting to hear from support.

I am having the exact same problem as SpanishClash.

It's quite suspicious that we both had the issue in Mid-Oct, 2011. I believe that something is wrong on Apple's end.

got a solution i installed itunes 10 removed the new one and it worked. i googled search old itunes software.

(i know this is an old thread but people looking for an answer are led here - i hope you got yours sorted already!)

I had an old 1st gen ipod touch in the drawer; tried to upload 3.1.3 via itunes but got error 8288. The solution suggested is to downgrade the iTunes to 10.3 via apple support (link ).

FOR MAC:

1. uninstall iTunes 10.5

2. You will need to search for the itunes library files (which try to force you to re-upgrade to 10.5) by searching for .itl files and moving them to the recycle bin (but dont empty).

3. re-install 10.3. http://support.apple.com/kb/DL1103

4. go to link for upgrade to 3.1.3 and purchase at £2.99 (UK) http://support.apple.com/kb/HT2052

5. wait a long time for 3.1.3 to download - it is a big ol' file

6. Quit iTunes

7. re-upgrade to iTunes 10.5 in iTunes http://www.apple.com/itunes/download/

8. start saving for a new iTouch as this will undoubtedly be the last time they upgrade the 1st gen!

9. Find someone cleverer than me to reload your itunes library.... I just had to rebuild it.

10. iTouch works though

Thanks yawdor. It is working so far!

I too had the same issue. This is how I resolved it http://www.parkhi.net/2011/12/error-8288-ipod-touch-upgrade-ios-31.html

They fixed it ! I just had notification from Apple and the dowload error is gone. First Generation I-Pad Touch is now upgraded and we have donwloaded Apps etc. Thank you Apple - it was worth the interminable wait :-)

So there is no hope for an ipod touch 1st gen for an imessage or something....i have the 3.1.3 update already.This is the latest,right?

Why do I need to purchase updates for First Generation iPod Touch when other apple devices updates are free? Shouldn't Apple offer free updates to support all devices sold?

yeah that me

You have to to pay for iOS 3.1.3 for the 1G iPod because of the way that Apple accounts bookkeeped development of that iOS version. iOS 3.1.3 for the 1G iPod is/was the only iOS update that Apple charged for.