Their "part detection" would be useless, because the update data can be ripped off of their Launcher.dat.
€:
If you meant the firmware itself, yeah. The clones most likely need to make a 1:1 clon.
Have you red that datasheet yet ?
The ROM data that's going to be programmed through JTAG to the FPGA is not going to be plain, it is stored encrypted and decrypted in place, that's a basic feature provided by most ACTEL FPGA to date (there usually is an AES hardware module embeded in the package, though that depends on the actual part you are ordering)
Gateway devs aren't as stupid as to just write the entire plain text data into the ROM...
Oh! and the key used to perform the ROM Data's decryption is obviously vendor programmable, so clone manufacturers can't just grab the encrypted ROM blob and write it to their own FPGA ROM.
(that's in case you were wondering...)
The only way to get the key is to decapsulate the whole FPGA package + internal modules and read the key through a SEM. (Scanning Electron Microscope)
At that point you might as well start doing this on the 3DS's SOC, it'd cost roughly the same in terms of time and expenditures.
P.S. I am amazed that we've been at it since last night and you still haven't spent the 5 minutes it takes to read the entire datasheet.
