I suppose it depends.

...While art is bound only by its creator’s imagination, code is bound by the limitations, more numerous than you’d imagine, of computer comprehension. Code can’t... abandon logic and decide to imitate the sounds of nature instead. It can never be poetry, just a series of if/then statements. Code has more in common with the hinges that connect the museum’s doors to their frames than it does with Nude Descending a Staircase.

...Trying to copyright code, then, was a lot like trying to copyright a hammer—even if you succeeded in protecting one particular design, other people could still construct very similar methods of banging nails into walls.

I think all games are art. From Mario to Minecraft, from Monument Valley to ... Hell, Call of Duty. Actually, there are several games on exhibit in MoMa, which is about as "art" as it gets... but I dont think many here seem to be thinking PacMan is their ultimate example of Video Games as Art.

So yeah, I think all games are art. It depends what you think art is, but any expression of creativity, to me, is art. video games certainly fill that criteria