Grimes said:
There is the letter of the law, and the spirit of the law. You are focusing on a technicality rather than using some common sense. It's like giving someone a ticket for jaywalking across an empty street. Technically it's against the law, but no rational law enforment would do it. Because for every rule, there are reasonable exceptions.
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Your OP stated the following.
"Could this be the best selling non console bundled game of all time?"
Plain and in English. Non console bundled. The game has been bundled. Doesn't matter if it's in one area. Doesn't matter if it's only just happened. It's a bundle. I don't see why it's so hard to accept...
Even if you DO want to bend the rules... It's still 4 Million units behind Wii Play... And 8 Million units behind Pokemon R/B/G. And with your bending of the rules... NSMB DS is right behind it, and actually outsold it this week. Modern Warfare 2 is potentially above it all versions combined already.