Nintendo wouldn't come down on Gamepark because Gamepark is not responsible for what users do.
Haven't you been following the lawsuits against filesharing things like Kazaa and EDonkey? They can't do anything about it because the providers aren't responsible for what the users do!
All GamePark did was create an handheld thats open source so people can develop for it. No judge that isn't bribed could rule against this! It's like ruling against Linus Torvalds for making Linux open source as an attack on Windows and that he should immedaitly make it closed source.
What really terrifies me is how Micro$oft will sue gamepark back into the Tiger-handheld-games-age when the full-speed xbox emulator is released. Man, there's going to be hell to pay when THAT happens!
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