The Death Note DVDs, which have not yet been scheduled, will be the English dubbed version; the download will be the subtitled version. 

Asked why the downloads were being released first, the spokesperson provided this statement: 

'In the case of Death Note, we recognize that there is an opportunity to satisfy the fan demand to be able to see their favorite properties faster than a traditional home video release model.  We look at Download to Own as a means to satisfy fans who are at the forefront of these properties released in Japan and want to see the properties in the U.S. closer to Japan's release, and also as a means to broaden that audience by allowing viewers to try a single episode of a property before they purchase the physical product.  We do not see these two distribution areas as mutually exclusive and believe that fans who want to catch the official version via download to own (subtitled version) closer to Japan's release date will also collect the home video (dubbed version) to have the physical  product for their shelves and their collections.'