You're right, I don't know. And as a user, it's not my responsibility to know or care how Gateway protects its intellectual property. It is, however, Gateway's responsibility as a manufacturer to ensure that their product does not cause damage to my property, either through negligently producing a substandard product, or by deliberately introducing a 'feature' which has the potential to brick my console.
While they have a responsibility, who is to ensure they will adhere to it.
I mean, at the first place, all flashcarts are illegal to begin with.
It is entirely desired to have a product that will not brick our console,
but I'll say at the end of the day, we created this demand.
Unless everyone comes together to boycott Gateway, we are at their mercy.
If you wanna enjoy the features (which is, to an extent, available with other products), take the risk.
At the same time, if SuperCard wants to release a flashcart using other people's work,
its their responsibility to make sure it's safe.