The 3D effect and button lay-out is near perfect for me now. I only wish they wouldn't be stuck with 240p screens. Resolution might be the first upgrade motivation for Nintendo
I looked at the software section of both websites and it looks like it's using the same software with a only different skin. My card is probably a rebrand of the same card.
You can buy drm free games / music / ebooks, and if you keep backups of your data (like documents and family photos etc), then you shouldn't lose the game. but with a disk, your toddler could put it in the toaster and there goes your $60