The difference is - when the menu is on the UI then you KNOW there are menu options available. The hard menu concept is broken because hitting the hard menu key

The difference is - when the menu is on the UI then you KNOW there are menu options available. The hard menu concept is broken because hitting the hard menu key is a crap shoot, it might do something, it might not, who knows. The problem is also developers like you think normal users think like them, they don't. Google has obviously figured this out, though pretty late in the game.