Ryan Davis has it on his list so is it ok to put fallout 3 on the best of 2009 list?

Considering how much DLC that came out for it this year, I would say it's a grey area.  
 
I know I would put Burnout Paradise on my list if I made one, and that's because it came out for PC is 2009.

I put it on mine. I think a "Best of"list includes not only games out that year but games that you played in that year. 

Really?! Any games I played this year? OH THANK GOD! Man, yeah, I was having a hard time coming up with a top 10 list. I've only played so many games from 2009 this year. I've spent most of the year playing catch up, and a lot of the 09 games I played aren't worthy of being considered one of the best games of the year.

Sure.  It's not like it counts for anything, so do what you like.

I believe five Western nations, and two U.S. states, make it a capital offense to include games in a GOTY list for any year other than the one in which they were released.  Another seven nations and thirteen states punish it by torture, and another dozen or so issue misdemeanor citations.  As long as you don't live in one of those places, you should be ok.
 
j/k  ;)
 
I say put it on the list for the year in which you first played it.  Not all of us are fortunate enough to have the time and money to play the hottest new games the year they come out.

"I put it on mine. I think a "Best of"list includes not only games out that year but games that you played in that year.  "

Ryan has the powers of God so he can if he wants to.