I'm looking at the images and it's obvious that the ambient lighting in the first image is considerably brighter, and the image is closer as well than in the second image. It's therefore difficult to form a conclusion about the dimming of the lights. I don't see a difference- they look the same to me.
On a side note, I found a video on Youtube that had one or two people claim that their lights appear dimmer a few weeks into ownership than when they first bought the keyboard. I'm more inclined to believe that there is some function of the board that people are having difficulty adjusting the brightness of the LED's, rather than a defect in the design of the board. However, this cannot entirely be ruled out. In the images presented in the OP, the before and after kind of look the same, taking into account the differences in photo quality, distance, background lighting, etc. All and all, this is a $40 dollar keyboard, which is unheard of in the mechanical keyboard world, with premium boards costing in excess of $250 dollars.
As an earlier poster suggested, taking a multimeter to the lights and seeing if there is a difference between the new board and the defective board. This does still not rule out however human error in not mastering the lighting controls.