Three months following the release of iPhone OS 3.1 and the third-generation iPod touch, Apple is still selling refurbished iPod touch models with the older 2.2.1 iPhone OS installed, forcing users to pay for upgrades to get software that debuted in September. Unusually, the Apple Store page for the refurbished iPod touch does not explicitly state the version of the OS that is included with these models—an issue dating back months—while…