That depends who you think is in the right. In return for money, a merchant guaranteed a specific delivery date. I paid my money, they failed to to deliver. I contacted them and told them they needed to pick a new shipper. I ordered again. Again I paid money and they guaranteed a delivery date. Again they failed to deliver. Again I contacted them saying they needed to pick a new shipper. Each time they fail to live up to their side of the agreement, they pay me a token amount in restitution. All they have to do is pick a shipper that will actually deliver (or cancel my subscription, which wouldn't pain me in any way) and the cycle will be over.

Who's in the right?

Amazon, since you used the words "gamed the system".

Lol

Why wouldn’t it be?

He's "gaming" the system, he even said so himself.