Ok here goes: First off, I haven't riddent the 09 Kink, but have heard nothing but great things about it. I do however ride the 09 Faction 44, and it is nothing short of awesome. I rode the 38 Faction for a good part of last year and the year prior, and decided to go for the bigger board simply because it's bigger, I land softer. I also think that it does pop more as well. It is VERY easy to ride. Now I ride with the small Absolute fins (.5 I think) and it is loose enough to do surface anything, but it rails when you want it too. For reference, I'm 6' and weigh 185, and rode the 38 for a year and half with no issues. The 44 is just that much better.
Ride them both, and make the choice for yourself. Good luck.