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A company claims it can game the system, so the list-keepers try various tactics to get on the list. *Yawn*
This is very different than payola. Amazon and the NYT are not demanding payments in order to put a title on the list, they're actively trying to thwart efforts to play the system. The publishers aren't the gatekeepers of those lists, so blaming them is beyond ridiculous.
The bottom line is a few people are willing to spend ridiculous sums of money to proclaim that their book is a "best seller." Since the term is already meaningless and applied regardless of how well a book has sold, I can't imagine why anyone gets vexed over the issue.
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