I really have a hard time understanding how anyone could begin to say that video games aren't art. It just confuses me. Pollack can splatter house paint on a canvas and its art? Uwe Boll can film monkeys sleeping and its art? But thousands of visual artists, code artists, musicians and others put their skill and creativity into a single work and some how it can't be considered art? What gives? If anything, I would say games represent the next step in art in that they embody all of the other major "arts" all in one while including the "viewer" directly in the experience. They become the conductor of the artwork.

I would say this falls under freedom of speech. You can't tell a company that they can't even make reference to the Olympics in any context at all. Its not like they were using official logos and creating a commercial of actual athletes using their products on the ice or snow. The twitter tweets did not in any sense stand to confuse readers as to the nature of their connection to the Olympics.