Replying to Anyone bought an itouch recently?

My itouch just broke and I'm only getting sound out of the right side. It's still under warranty but I don't wanna lose the ability to jailbreak with a replacement. What I need to know is, do the iPod touches ship wit firmware 3.1.3 right now? Do they even ship with any firmware I remember I had to download a firmware before I could use my iPod. I'd rather just deal with the sound out of 1 side then lose the jailbreak.