I probably don't think that extreme as to not call it a game. Heck I even call my Pazaak a game, like Solitaire and whatever - just a cheesy, small, crap game.
Fines would also be kinda stupid cos I just hate the whole deal with Lawyers and stuff.
Hurts their reputation but unfortunetly, unlike some other companies, it won't mean much to them.
Edit: referring to LA