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M1sf3t191220dhook it up to itunes and see if there is an update for it. My 4s goes all the way up to v9 I think. They even put out a new update for that version occasionally
IAmAnIssue101719dI have the exact same iPod. Gets a bit hot when displaying video, but otherwise works like new.
I only just recently scratched the screen and I'm upset. I managed to keep it essentially undamaged for 5+ years.