Gateway started the 3ds scene and community "stole" their stuff for other projects.No, the correct would be, if you don't want to have legal trouble, don't break someone else's license when you use their code.
I don't know what gateway did, I wasn't around, but if they did the same then it's as bad.
Gateway didn't have any license protection, they used brick code for that.
Comparing gateway and xecuter situation is totally different. They might be the same company (or not) but 3ds and switch scene developed differently.