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It's not believable to send back a brand new machine to the factory for an update!
I need the console for this week-end.
The manual says: "The firmware that runs the MIDIcon may need to be updated from time to time as future software products become available. You can download the latest firmware updates as well as the update utility program from the Elation Lighting web site at elationlighting.com"
Is it a false advertising?
I was thinking Elation more serious than chineese brand.
It is believable to require a new machine to require a firmware update.

Items ship, while firmware development continues. At some point, the new firmware is released while previously shipped items are still on shelves awaiting purchase.

At the same time, I'm rather surprised that there isn't some method to update the firmware that can be done at a end-user level. However, sometimes, firmware is delivered via ROMS instead of via download, often because the firmware requires a larger ROM or flash than previously shipped. I remember when I had to upgrade 4 USRobotics Total Control hubs and I had to do a 2MB upload at 9600bps, just took forever, so it seemed, but that's what was needed to be done to do the updates since it required new flash to be installed and we had to start from nothing.
How long have you have this controller?

You might have some options available.

Not to slam Elation or any other company, but there has YET to be a product I've ever seen in a 1.0 release that hasn't had some sort of major issues. In fact, almost any release, especially a major release ending in a ".0" has had issues. This goes for Ascend, Cisco, Linksys, USRobotics, 3Com, UTStarcomm and many other products.

Here's what I would do, assuming the rules in Belgium are similar to here:
If you've had the item less than 30 days, see if the retailer will accept the unit back in exchange for another unit, but have the unit tested to confirm it's an updated firmware.

Or, since Elation talks about having firmware and a flash utility on the Elation site, let's see if Elation is ready to place those items in the Support area of their tech support site.

I'm just so used to nothing working out of the box properly until after firmware upgrades, it doesn't even bother me anymore. I try to be prepared well in advance of gigs so as to not have issues like this screw me. If I'm not familiar enough with something to use on a gig, it stays home or in the box.

If it was me, I'd have been on the phone trying to find the proper support people for this product, and then getting down to the root of the matter. I wouldn't rely on any answers of your nature to be authoritative unless it comes from an actual Elation employee, preferably their tech support or Jingles.

Nobody wants you angry.
The reason for the factory update rather than over USB is that some of the low level USB firmware needed to be changed. The testing for the MIDIcon was all done with faster machines running XP so the problem never showed up. XP eats up more processor time than Win7 servicing MIDI. If your dealer does repair, it should be possible to get him the programming tool quickly so he can update your machine.

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