The tray of my dvd ROM?

sometimes opens and close smoothly with a gentle push in the button but sometimes I have to push the button hard to make it open or close, sometimes it opens but after a few seconds it does not. I seldom use the drive, it is still new. There is no fixed pattern of its behavior.

How can I judge it is due to hardware or software problem?

The drive does not have brand name, can this be a general defect of unbranded drive?