From just comparing the formats, 3dsx is way better suited; but yes I agree on you myself prefer to just launch from the homemenu.
Um no.. the 3dsx format is meant to be used for homebrew and such, not to drive the whole gaming community into the ground (aka pirating).
Go somewhere you belong, The OSKA devs will not enable piracy, sure it will be open source; but I highly doubt anyone will bother to make a "backup".. eh screw it nobody "backup" games.. "A piracy enabler". Even if they do expect a buggy leaking ship that no man can sail on the seven seas, yaaa'ar!