It says
iPod touch 3.1 software.

With the iPhone 3.1 software for iPod touch already installed, you can start using fun and handy features such as peer-to-peer gaming and cut, copy, and paste right out of the box.
On their site so I think it comes with 3.1. What does 2nd and 3rd gen mean? The 2.X and 3.X series?