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Doesn't matter. The real question is, was there a publicly available exploit that was well known to work before they bought a console expecting it to be hacked? You don't buy a 3DS with the expectation of 9.2CFW. As it doesn't exist at the moment. Neither does gateway's N3DS update, so you shouldn't buy a console expecting it.
I bought a Gateway expecting the new exploit to come. Released a couple days after I got it in the mail. So that worked out just fine for me.
I don't think I would buy an entire console like this though. Though by the time I can save up money to buy a N3DS, Gateway will have released their update for it by that point. If said update exists that is.
If it turned out to be false, all that money I would have saved up would go to something else. Win win situation for me.