If one copy of the software were not associated with the hardware then NI would lose a sale each time someone sold their hardware. It sounds like could get money back from CEX if desired but focusing on trying to get NI to change it's software/hardware policy seems misguided as protecting the software license seems aimed at maintaining the integrity of the NI product.
I think buyer beware is appropriate here. That said, I think if you don't return it, you lose the moral force behind your complaints against the said: I mean, is it really impossible for NI to make software available? This seems to be a business model born of the bad old LimeWire days, when software was guarded by dongles and proprietary interfaces. I've read stories of perfectly good Maschine consoles being junked at studios because somebody lost the box or the paperwork. It does seem to be an onerous requirement. In every case of the bargains, though, the buyer posted the caveat: "no software." Coming to this casually, I kind of assumed that wasn't a big deal, or was easily fixed, as in "no power supply cable." But it is not easily fixed, as knows. Many were expensive, but some were really cheap on Craigslist in New York. I was looking into picking up a Maschine, and I was surprised by the wide variation in price. The thing is, I actually love the hardware, and so am willing to workaround NI. I think this thread is very unfair on said:ĮDIT - Further to this, I just received a very nice e-mail from CEX, offering me a full refund. It's up to the seller to transfer the license to the person buying the hardware (in this case CIX), and then their responsibility from that point when they re-sell the product for a profit. Their contract was with the original purchaser, not you, so they have no legal (or moral, in my opinion) responsibility towards your purchase from a third party reseller. Tracking down the original owner, getting them to confirm they have sold on the product, and then transferring the license to you as the new owner is not the responsibility of NI.
It's like selling a car with no legal documentation. The product doesn't work as advertised if the license that comes with it hasn't been transferred correctly. All they can test for is that the hardware lights up, and all they are responsible for IMHO, is if the hardware failed. The product will work as stated, if NI release the code. If they stock, and sell a product then it's their responsibility to ensure it works as stated.
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