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For many gamers, games are considered art when it suits their interests.  For example, if there is a threat of censorship, then you'll see gamers support the artistic value of games in order to protect the game from governmental control.  However, when a developer decides on a creative direction that is at odds with some people, or they're unhappy with the game, then a game is no longer a work of art but merely a product that needs to be reviewed by a governmental agency (see article for an example).