After reading the piece, I think a good case could be made that Visual Studio 2010 is, in fact, a game. I'm already imagining two lawyers presenting their cases to a jury.
(If you think such things never happen, consider the case of Nix v. Hedden, which concerned the question, "Is the tomato a fruit or a vegetable?" That case went all the way to the US Supreme Court! Botanists argued that they're fruit because they're the part of the plant that contains the seeds. Reference: http://en.wikipedia.org/wiki/Nix_v._Hedden )
Sadly I lost that battle. I didn't want to include it, but sometimes we writers do not get to make those decisions.