This piece is coming during a time where my love-hate relationship with Apple is in its hate stages. Please bear with the following rant.

Apple's new iPod and iPhone 3.0 software was released on June 17th at 2 pm in the afternoon. Mad iPhone owners and iPod owners rushed out to download the new software. Those of us who did not have an iPhone or iPod Touch didn't scramble for anything but were content that we now had enough cash to buy a new iPod with the 3.0 software already on it!

My girlfriend and I drove to the Flatiron's Apple Store on June 20th to buy her a new MacBook Pro and iPod Touch. We found our time at the store very pleasant despite the long line for the new iPhone 3GS and the many other potential buyers in the store. Our sales rep was helpful and ensured that we had everything we needed before leaving the store... except one. The iPod Touch 3.0 software!

When my girlfriend powered on her new iPod I was disappointed to find that it did not have the 3.0 software but was still running 2.1.1. This initially didn't concern me since I knew that it would be impossible for Apple to update all the iPods in every retail store warehouse within three days of the new software release. However, I did find it strange that nowhere was there any reference to a voucher or coupon code for the software update.

Initially I contacted my company's sales rep at Apple and was turned away... "I don't know anyone in retail, sorry!" A response I didn't really like but hey, Apple is a big company, perhaps they are on different ends of the campus. I contacted another rep inside Apple who pointed me to the manager of one of the Colorado Apple Retail Stores. I thought that perhaps I might be getting somewhere but do my dismay her response was less than helpful; " I am sorry there is nothing we can do on this, you will have to pay for the upgrade. Please let me know if I can help with anything else."

I tried to explain that this iPod should be entitled to the 3.0 software since it was purchased after 3.0 was released but received a similar response along with a "perhaps you were misled regarding the upgrade." At this point I knew I was going to get nowhere with her so I said I would contact someone from customer service who might know more.

A day or two later I found myself back in the same retail store where the original purchase took place. After talking with a few reps inside the store I realized how strangely Apple treats their software updates. One of the workers inside the store claimed that "none of the new iPod Touches are coming with 3.0. It is a paid upgrade and thus you must pay to update it." This would be like buying a MacBook Pro today that comes with Tiger because the upgrade to Leopard normally cost $120! THIS IS NOT THE WAY SOFTWARE UPDATES WORK! You do not buy a new piece of hardware with an out-of-date system and have to pay for the upgrade!

Three phone calls later with representatives from the rebate department and customer service I finally ended with a sales representative from the online Apple Store who politely told me the same thing I had been hearing all along. "Apple does not give vouchers for the iPod upgrade. You will have to pay for it even if you bought the iPod after the software update came out." It would seem that my only crime in this purchase was that I bought the iPod so soon after 3.0 was released... why is there no solution for handling purchases of this nature?

If anyone at Apple is listening can you PLEASE get this type of situation fixed. I know that $10 is only $10 but when you are buying $1000+ worth of equipment in a single purchase it would be nice to see a voucher for software that the hardware is rightfully entitled to!