If I were the judge, I'd rule that if the software is required to make the hardware fit for its advertised purpose, the license to the software is attached to t

If I were the judge, I'd rule that if the software is required to make the hardware fit for its advertised purpose, the license to the software is attached to the device rather than the consumer. Claims of non-transferability or not, possession of the device is de facto license to possess and use the firmware.