A shipping product shouldn't suck right out of the box with a problem that needs a firmware or driver update to fix. Sure, its easy for those who know how to fix these things to fix them, but for one who doesn't, the product is bad.
If the person spends hours and hours and never tries to contact the seller or manufacturer for assistance then proclaims the item junk, I shake my head. The vendor should get an opportunity to make it right before they are condemned, especially since it may very well be pilot error on the part of the buyer.