Are you really trying to justify GW bricking code?
They never really needed to do something like that, they did because they know R4i can copy eveerything they do, and tried playing dirty to have their product accepted by fear of having your 3DS bricked with other options. My opinion is, this is not just plain wrong, but also affect their credibility, I've seen some reports of only-gateway users with bricked consoles,
and I wouldn't trust a company that creates a 3DS bricker.
By the way, I've seen some people posting that this bricking is accidental, and that Gateway goal never really was this but I can't believe it.
Gateway alerted users a number of times for not using clones because they could be dangerous to your 3DS.
They are the ones that created the code, I don't think that this could be an accident, the result of a bug or anything similar.
If the code was really accidental, the logical step would be for them to apologize and remove the code in an update released right away, and they did the exact opposite.