To jailbreak your iPod Touch you will need to obtain jailbreaking software and a copy of the official firmware. The software changes the firmware to allow the iPod to use homebrew and third-party applications. Jailbreaking the iPod will often void your warranty.
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Then again, this answer might help you...
The first step in jail breaking an Ipod Touch is to download and install a special jail breaking software. Jail breaking is not illegal but will void your warranty.