Thank You for your help
However since I posted this topic I have found a total of 311 songs that have somehow been changed to the m4p format. I have been working on this since I opened this topic and have read other posts that suggest ways to fix this and none of them work. I have checked the check box for all 311 and tried to burn them but it will not even give me the option to do so. I have also tried to burn just one and still no option to burn. I checked the 12 purchased songs and they ARE in my library but they are part of the 311 I can't play.
I thought I would just by bypass the "add to your library" step for now and do the firmware update anyway but the next step says the update will erase all the apps and such on my itouch and I should download the update to my pc. Well with the problem I'm having with the songs on iTunes I don't want to lose what is on my itouch because the songs on it are all working, including the ones that are not working on iTunes. it's just strange they were all working when I put them on the itouch a couple of years ago. I must have done something somewhere with another update that reset the upload setting to the m4p from the mp3 or it was an auto setting change with an update. Whatever it was I now have 311 songs I can only play through my itouch and I don't want to sinc it up or update it for fear of losing those songs.
it's late here so I'm heading to bed, tomorrow is another day.
thank you for your time and help