Navagon: GOG has to deal with international copyright law though. Something which the US has a tendency to selectively disregard. But if the copyright / patents have expired then great! That's all that needs to be said. But if so then it strikes me as odd that the only people putting out emulated games are Sega and Commodore.
hedwards: In terms of IP we tend to be much more strict about it than most other parts of the world.
And yes, I'm pretty sure the patents on the SNES and Genesis have expired, I have in my possession a NES/SNES/Genesis machine and the only way that's possible is that the patents expired. Which given the typical term for patents in the US, is to be expected.
Emulation itself has never been illegal around here provided that it didn't infringe on any patents or make use of privileged information.
Newer systems are more likely to run into patent problems though, and at any rate any games from after the SNES/Genesis period are likely not to be hard to get ones hands on anyways, even those systems are often times still pretty cheap as well.
My main concern would be the ability of GOG or somebody else to accurately emulate those newer systems as my current computer can't even run BSNES at full accuracy.
Patents are not the problem the problem is the copyright of the ROMs in a system. Emulating the hardware is fine using a ROM image you don't have permission to use is the problem.