Thats looking like the second option. I've done some research on the topic of swapping out and 04 ecu for an 02. Basically it seems the 04 has additional sensors that the 02's didn't have. But the 02 ecu isn't looking for them, so it's not a problem. you can swap an 04 for an ealier ecu but not vis versa.
At least this seems to be the case. I had the ecu in my car already and everything was good for 60 miles. Then I got the dreaded CEL. You can check out my thread here
http://forums.nasioc.com/forums/showthread.php?t=803560
In this thread you will see the memo to "all service managers". Please keep in mind this is all hear say! (Trying to keep the facts straight).
Anyways, I figured this would be a great way for me to tinker with the ECU, contribute something to NASIOC and possible OpenECU.org. As soon as the gets here I will add and 04 MTX ECU and and 02 MTX ECU rom images for the sedan (which it looks like there arn't any yet).
"You could certainly update your '02 code, but I don't think an '02 ECU will work correctly in a '04."
There is only one way to find out. As of now, we know the 02 ECU won't make an 04 blow up instantaously! lol!! And it seems the CEL code I got is an 02 ECU problem (not an 02 in a 04). Can't hurt to update the image and swap them back out again!?
If that doesn't work in the end, it would be great if you could help me out with OL/CL Delay in the 04 ECU.? Thanks