Gear scales, but doesn't scale very well, considering all the best stats don't scale, such as DA and haste.

I guess if SE still wanted a bit of a challenge with the ENMs, they could increase the cap to 80 or 85 to make up for the poorly scaled gear people would be using. That should bring the difficulty with scaled gear to a lower level than it would be with great lv75 gear, but not make it a complete pushover.