james.... i ordered it from topglock, and yes it looks like the same one.
hartz.... no i have not. when it's on my belt it's fully loaded, so it doesn't move. when it's slammed into the gun, it's still fully loaded and won't move - and that's the last my hand touches it till it's dropped. while shooting, it didn't move... so at this point, i see the defect, but it doesn't look like an issue since it's either fully loaded and can't move, or being unloaded then dropped.
eerw - to fit another 40sw round through the top, i need another cm of space, and the follower is only 9mm high... so on math alone i think it's a no.

i thought about the 8 round count thing too. but hey, at least i can legitimately be competitive in limited division with major power factor! i'm still waiting for someone to bring a mag gauge next week before i order twelve more.