Napster wasn't really responsible for their network traffic, yet got shut down anyway.
- Napster was created mainly to share music files.
- Any idiot would think some music files will be illegal.
- Napster knew they couldn't even dent the sharing of illegal music files, so didn't even try.
- Gamepark was created with the idea of a good PD community backing them up.
- One would think that eventually emulators would be developed for the handheld gaming system, as it looks exactly like a GBA, can actively receive files from your PC, and has the specs for it.
- Any idiot knows that emulation can easily be used for illegal purposes.
- Gamepark can't risk ostricizing the emulation community, so won't even try.
Remember - Nintendo sued retailers over selling imports of their games. This was just, what, about 4 months ago?
Has the world really changed enough?
[EDIT]
I'd also like to add some other points I just thought of. The real reason Napster got shut down is because it was operating on the Internet. The Internet to most older folks, probably including many of those old judges, was big and scary. And by default, anything we do not understand is probably wrong, evil, immoral, and illegal. That bias is how the Anti-Napster forces really were able to rally support - ignorance.
Emulation is also another big and scary topic, though its status dwarfed when compared to the Internet. To understand the underlying legality of emulation, one must be conversant with the underlying technical details of emulation itself. Nintendo might think it has the same type of chance, relying on ignorance to push Gamepark out of the playing field. Its even worse that Gamepark is in Korea. Even though Japan is also part of Asia, they might try to ally Korea with China, claiming the Gamepark32 is just another vehicle for bootleg material.
[/EDIT]