All games are art. Some are higher-level art, some are pop-art, and some are bad art.
Call of Duty is an art, especially Modern Warfare. It had this whole remote-war undercurrent thing.
Duke Nukem is... art... or it should be. It's art that missed its calling or it missed its mark. I think they should have upped the irony factor to like infinity, but some people still manage to take him seriously.
Super Mario Bros. Is art, and really good art if you stop and think on it.
What most people crave for is the new art. That creative stuff that could put gaming at the forefront with the big hitters instead of being murder sims and kiddie toys. I'd be lying if I said I didn't want this art some of the time.
Mass Effect
Fallout does it very well (all the games to one level or another... I know blasphemy.)
Arkham Asylum does it eerily well especially with the Scarecrow bits.
Portal's got that signature black humor.
However! The function of all art, all of it, every last painting, sculpture, book, movie, poem, game, scrimshaw, doodle, and graffiti has to entertain us. It has to stimulate the entertainment section as well as the intellectual segment of our minds.
So yeah, the only way something can not be art is if it's boring.