I'm asking just for a confirmation, are you asking if its possible the first card was maybe touched up as it looks darker than it does in hand?
If that's the case, then I believe it should be replaced with an IR. If you just think its possibly just how it was scanned (no wrongdoing from the person who scanned it), then I would maybe consider it tagged as a scan needing replaced.
To be honest the lighter looking cards look like they should maybe be tagged as well, but that's more of an issue with scanner technology improving since those cards were originally scanned, and likely an issue that could rear its head if it improves more.
Royal Card Review is my blog if you feel like checking it out, thanks if you do!- royalcardreview.blogspot.com/
In the process of updating my collection so don't trust any of my lists right now.