Will Apple replace my iPod Touch?

No

If there is jailbroken firmware on it, no, they won’t

They could probably care less about the firmware, but your warrantee is up. If they gave a new iPod to everyone, they’d be broke.

Very easy to wipe it (to restore to the pre-jailbroken state) by using the Restore function in iTunes. Not so easy to convince them to overlook the fact that your warranty period is over.

well can’t you just restore your iPod to get rid of the jailbroken firmware, then purchase a new warranty?

No because itunes won’t recognize it. It won’t even charge either. :-(

It won’t even turn on… So I wouldn’t think Apple would be able to figure out if it had jailbroken firmware.

Software issuses has nothing to do with the warranty. Why doesn’t it have a warranty? If it’s a 2g iPod Touch it will be under a year old and covered by warranty. If your warranty is still up and running or you have it covered by Apple Care it will be replaced. Can you give me your serial number? I can see if it’s still covered.

Can’t jailbreak 2g yet, so it has to be 1g. If the warrantee’s up, you’re screwed.

As others have said a restore on the software would fix the jail-breaking part, though there’s the possibility jail-breaking it in the first place caused some of your problems by running unsupported software that somehow messed up the system enough to not turn on anymore. Either way, you chose to jail-break it, knowing it’s against the warranty to do so. And obviously if it’s out of warranty then they can’t help you without you paying for a replacement, which costs almost as much as a new iPod. If it’s just a couple of days out of warranty we’d sometimes let it slide when I worked for Apple but if it’s more than that then they can’t help you. And you can’t purchase the Applecare extended service plan for it if you are already out of your original one year warranty period. So no, Apple won’t and shouldn’t replace your iPod.

You can restore your function.