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I admit I don't really understand the fuzz about "new" vs. "refurbished".
Regarding the O.P.: I don't think that Amazon would take the risk to send out refurbished ones as "new" -- that would be outright deception, and in your case, you have the right to expect a brand new one, because that's what you paid for. As someone else has mentioned here, a pretty plausible explanation is that someone returned the item unopened for whichever reason. Note that it's from a "return center" (or so), not a "repair center".
@NightGoat: Does it really matter? You got a working replacement for an out of warranty item, which is more than most other companies would give you.
Regarding the updates: I don't think it's a good indicator of anything. Updates may be released a second after your brand-new device was manufactured. Refurbs may be reflashed with a cutting-edge firmware, or with an old one. Only the folks actually performing the refurbs know.
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