diberry - 5:15 pm on Sep 17, 2013 (gmt 0)
Using appropriate titles and H1s can hardly be gaming the system if people are just following the advice given by Google.
But gaming IS a subjective measure. Any practice that improves rankings COULD be viewed as gaming, and we don't really know how Google sees it - especially on a case by case basis.
More to the point, though, I think the assumption that everything the algo does is 100% intentional on Google's part is outdated. There are a lot of weird things happening in the SERPs anymore that don't seem to fit with any possible profit motive on Google's part. I think the algo's just way more complicated than it used to be, so sometimes all those factors collide and you get unintended effects.