Yeah, it can't get shut down because if you want to use the Fire Red ROM that's your deal, they don't supply it on their site nor do they support it or anything hahaha. Or at least, they don't "officially" support it.
Yeah, basically if the law would want to pursue, they would have to pursue the user base. It's easier to target an "official" server because they can report it to the servers web space provider, and legal termination is easier to put in place