Well, even if:
It's all useless thoughts as long as using the alternative not even the box itself works properly.
zeini and others have asked for a kernel 3.9.2 for a reason ... kernel 3.3.1 already has quirks with what's inside the box ...

So if the box itself works flawlessly with one kernel but not with the other, it doesn't help the other kernel can operate OPTIONAL components better.