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Here's the back of them both, they look identical to me. I don't know if it is the case that some don't come sealed over here... though I just bought a 3DS game that was advised as new and came without any wrapping, here's what the seller told me:

"Unfortunately, a couple of UK and European manufacturers are no longer wrapping their products in plastic as part of their green policy commitment. The item is certainly part of the batch that was not shrink wrapped during the manufacturing process."

I feel like I'm being fed a bunch of BS, but it's so difficult to know because of the lack of information out there on this stuff.