In a perfect world, yes. But that would require sellers to remove all current inventory from their boxes and update them. It is the same way with cell phones and computers. You just about always have to update them or get an update shortly after purchase.
Possibly they got a large quantity in and stacked them on the shelf. People bought and they got picked off the stacks. New shipments came in and the enterprising warehouse man didn't take the remaining ones off the shelf to put on top of the new ones. More work. So new ones went on top and the cycle repeated. How many times? Then more orders came in and they got down to the earlier batch of brand new ones. You got one. So it's probably brand new but was on the shelf a while. Or the aliens. Or whatever. But it's one possibility.
I don't recall ever getting one that didn't need/do an update on initial setup. I think it was automatic with them, at least as far as asking me if I wanted to do it, but I think just doing it at least some of the time.
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