I got mine a couple days ago and yeah, the unnecessary amount of touchscreen use for the UI is irritating. They were pretty good at making the touchscreen not feel like a nuisance on the DS so I don't know why they stepped backwards on that. Personally, I don't care about being forced to make a Mii to be online either, never was a fan of trying to personalize those things and attaching them to online presence and game saves.
But yeah, doesn't really matter because it's got the games. That, and coming from the DS Lite the form factor is incredible to me. The only physical gripe I have about it is the circlepad, which might just be a case of getting used to it, but I don't feel entirely comfortable with it yet.